125 N.J. Eq. 46

Richard D. Ayling, petitioner-appellant, v. Maude Laracy Ayling, defendant-respondent.

[Submitted October term, 1938.

Decided February 6th, 1939.]

Messrs. Levenson, Gomen & Levenson, for the petitioner-appellant.

Mr. Mervin Herzfeld, for the defendant-respondent.

*47Pee. Cubiam.

This is a husband’s suit for divorce on the ground of the wife’s desertion.

The advisory master found that the proofs failed to show-desertion on the part of the defendant wife, and furthermore that the husband had utterly failed to prove that following the separation he made a sincere and honest effort to terminate the separation or made proper overtures to the defendant wife for the resumption of cohabitation.

We have carefully examined the record and briefs submitted and are of the opinion that the conclusions of the learned advisory master are abundantly supported by the proofs adduced.

The decree appealed from is affirmed.

For affirmance — The Chief-Justice, Trenchard, Parker, Case, Bobine, Donges, Hehee, Pebskie, Porter, Hetfielb, Dear, Wells, WolfsKeil, Raffeett, Walker, JJ. 15.

For reversal — None.

Ayling v. Ayling
125 N.J. Eq. 46

Case Details

Name
Ayling v. Ayling
Decision Date
Feb 6, 1939
Citations

125 N.J. Eq. 46

Jurisdiction
New Jersey

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