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Rushmore v. Rushmore

Court of Errors and Appeals
Jan 10, 1935
176 A. 142 (N.J. 1935)

Opinion

Submitted October term, 1934.

Decided January 10th, 1935.

Evidence held, to establish abandonment of the wife by the husband under circumstances entitling her to separate maintenance.

On appeal from a decree of the court of chancery, whose opinion is reported in 12 N.J. Mis. R. 575.

Mr. Francis A. Gordon and Mr. John M. Mackenzie, for the appellant.

Mr. Merritt Lane, for the respondent.


We concur in the conclusion of the advisory master that the evidence establishes an abandonment of respondent by appellant under circumstances entitling her to separate maintenance. The allegation, made by appellant, that respondent has been guilty of a willful, continued and obstinate desertion, is not sustained by the proofs.

The decree is affirmed.

For affirmance — THE CHIEF-JUSTICE, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, DEAR, WELLS, JJ. 12.

For reversal — None.


Summaries of

Rushmore v. Rushmore

Court of Errors and Appeals
Jan 10, 1935
176 A. 142 (N.J. 1935)
Case details for

Rushmore v. Rushmore

Case Details

Full title:HAZEL HOWE RUSHMORE, complainant-respondent, v. SAMUEL WILLIS RUSHMORE…

Court:Court of Errors and Appeals

Date published: Jan 10, 1935

Citations

176 A. 142 (N.J. 1935)
176 A. 142

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