Young
Young v. Young
Opinion
Lead Opinion
James, J.
Plaintiff has appealed from a judgment denying him a decree of divorce. Defendant did not make an swer to the complaint, and after hearing the evidence offered by the plaintiff, and other evidence which was introduced upon the court’s own motion, judgment was entered denying the relief prayed for.
The parties to the action were married in the year 1882 and there were born to them three children, the youngest of whom at the time this action came on for trial was 22 years of age. The wife was of the age of about 45 and was, so far as the evidence showed, with the exception of an item thereof which will be noticed later', a strong, vigorous, healthy woman. As cause for divorce plaintiff assigned the ground of extreme cruelty and further charged that defendant had for more than a year prior to the commencement of the action been guilty of desertion by reason of her persistent refusal to have reasonable matrimonial intercourse with him. Without dispute, at all, the evidence showed that for at least seven years the defendant had refused to live with the plaintiff as his wife, although during the whole of that time he had contributed to her support and had in fact wholly supported her…