Yohn v. Yohn

Opinion by

Woodside, J.,

This appeal is from a decree of tbe Court of Common Pleas of Montgomery County granting a divorce *508a.v.m. to the appellee, Milton Eagle Yohn, on the ground of desertion.

In the master’s first report he stated: “Here the defendant admits withdrawal from common domicile and the Master understands the law to be that upon such admission being made, the burden rests upon the defendant to establish by a preponderance of the evidence, . . . that her leaving was by mutual consent.” The court below concluded that the master had not applied the correct rule on the burden of proof…