Walker

Action for divorce. Defendant had judgment, from which and from the order denying his motion for a new trial plaintiff appeals. The complaint was filed October 30, 1907. The court found that the parties were married in 1862 and ever since have been husband and wife; that on April 1, 1903, defendant willfully and without cause and contrary to plaintiff’s wishes, separated from him, “with intent then and there to desert and abandon plaintiff and from said first day of April, 1903, up to and including the sixteenth day of February, 1905, said defendant, without plaintiff’s consent and contrary to his wishes, continued to live separate and apart from said plaintiff with intent at all of said times to desert and abandon him.” The court then finds: That on the sixteenth day of February, 1905, said plaintiff and defendant effected a complete reconciliation of all of the differences existing between them at the said time as husband and wife, by reason of having upon said day made, executed and delivered the following agreement: This agreement states: “That whereas certain unhappy differences have arisen between the parties hereto, whereby it has become impossible for them longer to live…