HUDGINS v. HUDGINS

No. 20 Civ. A. 1952.

90 A.2d 478 (1952)

HUDGINS v. HUDGINS.

Superior Court of Delaware, Kent.

July 22, 1952.


Attorney(s) appearing for the Case

Ernest V. Keith, of Dover, for petitioner.

Action in divorce on the ground of constructive desertion. Service was made by publication and defendant made no appearance.


CAREY, Judge.

The question here presented is whether the testimony justifies a finding of constructive desertion on the part of the wife under the principles laid down in Harrington v. Harrington, 8 W.W.Har. 333, 192 A. 555. That case dealt with the question of whether or not refusal of sexual intercourse, without more, constitutes constructive desertion. In passing upon that question, the Court pointed out certain basic principles which have since been followed in...

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