Opinion
No. 45/281.
03-11-1919
COWEN v. COWEN.
Arthur B. Seymour, of Orange, for petitioner.
Suit for divorce by Mary L. Cowen against Thomas H. Cowen. On petitioner's exceptions to the report of the special master. Exceptions sustained, and decree advised for petitioner.
Arthur B. Seymour, of Orange, for petitioner.
FOSTER, V. C. This matter comes before the court on exceptions to the report of the special master, who found that
"The testimony indicates that there may have been a constructive desertion of the petitioner, but has not demonstrated that there was an actual desertion"—as charged in the petition.
The cause was uncontested, and the proofs show that the parties were married on November 14, 1893, and that they have three children living. The youngest, Thomas, was born March 19, 1900. During their entire married life, defendant was a heavy drinker and never properly supported his wife and children. He beat and abused petitioner, called her vile names, and in many ways treated her cruelly and improperly. Some time after 1900 his brother started him in the saloon business on New street in the city of Orange, and defendant was drunk so frequently that he neglected his affairs, and his wife was obliged to carry on the business, and they were unable to pay their debts or their rent. The brewer, who was also the landlord, notified them if they did not pay their rent he would eject them. On receipt of this notice, about October 5, 1905, defendant packed his wearing apparel in his trunk, which he took with him, and, accompanied by his father, he left petitioner and his family at 6 o'clock in the morning, and has never returned to her nor communicated with her in any way, nor contributed anything for her support, or the support of the children.
There is absolutely no proof in the case to show that the petitioner either constructively or actually deserted the defendant, or left him or his home at any time. But the proofs do show that defendant actually deserted petitioner; and the exceptions to the report will be sustained, and a decree advised for the petitioner.