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Ford v. Ford

Court of Errors and Appeals
Jan 29, 1943
30 A.2d 28 (N.J. 1943)

Opinion

Submitted October term, 1942.

Decided January 29th, 1943.

The husband's efforts to bring about his wife's return to his home, and her conduct in resisting such advances, make her desertion obstinate, in fact and in law.

On appeal from the Court of Chancery.

Mr. Jacob Van Der Clock, for the petitioner-respondent.

Messrs. Stickel Stickel ( Mr. Fred G. Stickel, Jr., of counsel), for the defendant-appellant.


This is an appeal from a divorce decree awarded to the petitioner-husband in the Court of Chancery, based on the continuous, willful and obstinate desertion by the wife for two years or more.

The facts are more detailed in the advisory master's conclusions. The following are sufficient for our purposes. The parties were married in 1931, the petitioner was a widower, the defendant a divorcee. Their domestic life was unpleasant because of constant quarreling. She left her husband and went to live with friends in January, 1938. The desertion continued for more than two years. During that interval the petitioner made several attempts to get her to return. The disputed question on the appeal is whether or not the desertion was obstinate. The learned advisory master concluded that the wife was "obstinate in her desertion." We concur in that finding. The husband's efforts to bring about his wife's return to his home and her conduct, resisting such advances, make the desertion, under the facts and the law, obstinate. Baxter v. Baxter, 101 N.J. Eq. 236.

The decree is affirmed.

For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, JJ. 13.

For reversal — None.


Summaries of

Ford v. Ford

Court of Errors and Appeals
Jan 29, 1943
30 A.2d 28 (N.J. 1943)
Case details for

Ford v. Ford

Case Details

Full title:HAROLD FORD, petitioner-respondent, v. AGNES FORD, defendant-appellant

Court:Court of Errors and Appeals

Date published: Jan 29, 1943

Citations

30 A.2d 28 (N.J. 1943)
30 A.2d 28