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GRACE v. GRACE

165 Pa.Super. 336 (1949)

Grace, Appellant, v. Grace.

Superior Court of Pennsylvania.

July 15, 1949.

Attorney(s) appearing for the Case

Samuel S. Gray, Jr., with him Eastburn & Gray, for appellant.

No appearance was made nor brief submitted for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ., (ROSS, J., absent).

OPINION BY FINE, J., July 15, 1949:

The libellant seeks a divorce from his wife in this uncontested action on the ground of desertion. The court below adopted the recommendation of the master that a decree in divorce be refused and dismissed the libel. The sole issue on this appeal is whether there was a consentable separation or a wilful and malicious desertion by the wife. We disagree with the conclusion of...

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