Opinion
Decided October 20th, 1930.
On appeal from a decree of the court of chancery advised by Advisory Master Newman, who filed the following conclusions:
"The petition in this case was filed by George T. Harrison against his wife, Marguerite M. Harrison, for an absolute divorce upon the ground of desertion. The defendant denies the desertion. The facts indicate that the defendant some time prior to the month of July, 1924, exhibited a coldness toward the petitioner and he became repulsive to her and that in July, 1924, because of her repeated refusal to have any relations with him as a wife, the parties from thenceforth occupied separate rooms in the house and the petitioner continued to live there until September, 1929, at which time he left his home and filed his petition for divorce.
"The petitioner has sustained the burden of proof and has by his own testimony which is corroborated by admissions made by the defendant and by various circumstances established to my satisfaction that there was a cessation of the marital relations between the parties in the month of July, 1924, and that petitioner made every effort to bring about a resumption of those relations but that the defendant refused to have any relations with him as a wife, and her refusal was willful, obstinate and continued within the meaning of the statute in such case made and provided.
"The defendant denies the cessation of cohabitation and denies the facts set up in the petition with reference to the desertion but her testimony is unsupported and no witnesses are produced by her to corroborate her denial and her evidence does not overcome the weight of the testimony submitted by the petitioner.
"I therefore will advise a decree of divorce in favor of the petitioner and in accordance with the prayer of the petitioner."
Messrs. Lum, Tamblyn Colyer, for the respondent.
Mr. William H. Osborne, for the appellant.
The decree appealed from will be affirmed, for the reasons stated in the conclusions filed in the court below by Advisory Master Newman.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, CAMPBELL, LLOYD, CASE, BODINE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, JJ. 10.
For reversal — None.