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GUTMANN v. GUTMANN

70 N.J. Super. 266 (1961)

175 A.2d 470

LIESE LOTTIE GUTMANN, PLAINTIFF-RESPONDENT, v. HANNS A. GUTMANN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1961.

Attorney(s) appearing for the Case

Mr. Samuel L. Shapiro argued the cause for appellant (Messrs. Shapiro, Brotman & Eisenstat, attorneys).

Mr. Lawrence N. Park argued the cause for respondent (Mr. Arthur L. Joseph, attorney).

Before Judges GOLDMANN, FOLEY and LEWIS.

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

Defendant husband appeals from a judgment nisi, entered in the Chancery Division awarding plaintiff a divorce. The complaint alleged in the statutory language of N.J.S. 2A:34-2(b), "Willful, continued and obstinate desertion for the term of 2 years." Plainly an allegation of "simple" desertion as distinguished from "constructive" desertion was thereby pleaded. It is now conceded by plaintiff...

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