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COHEN v. COHEN

20 N.J. Super. 503 (1952)

90 A.2d 519

ETHEL COHEN, PLAINTIFF-RESPONDENT, v. LOUIS S. COHEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1952.

Attorney(s) appearing for the Case

Mr. Mendon Morrill argued the cause for appellant (Mr. Theodore D. Rosenberg, attorney; Messrs. Cole, Morrill & Nadell, of counsel).

Mr. Louis C. Jacobson argued the cause for respondent.

Before Judges JAYNE, COLIE and GRIMSHAW.

The opinion of the court was delivered by JAYNE, J.A.D.

The question of paramount interest in the consideration of the present appeal is whether a judgment nisi entered in a divorce action in which the complaint alleges simple desertion can, on appeal, be sustained on the attribution of a constructive desertion.

The situation may be succinctly stated. The parties were married on December 23, 1928. Two...

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