Ussler v. Ussler

Opinion by

Hirt, J.,

Except for the first few years following the marriage of the parties in 1923 there was little happiness in their family life. Respondent left their common home on July 24, 1942, and did not offer to return until more than two years after that date. Following proceedings before a master, this action was heard de novo by Judge Flood of the court below. The defense was that, because of the conduct of her husband, respondent was justified in leaving him and remaining away. We agree with the court that testimony falls short of justifying the separation, and the decree of…