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Wilno v. Wilno

Court of Errors and Appeals
May 14, 1928
141 A. 922 (N.J. 1928)

Opinion

Decided May 14th, 1928.

On appeal from a decree in the court of chancery advised by Vice-Chancellor Buchanan.

Mr. Romulus P. Rimo, for the appellant.

Mr. David Frankel, for the respondent.


The petition by the husband is for a decree of divorce upon the ground of desertion. There is no prayer for relief by the wife and no counter-claim. The defense is denial of willful and obstinate desertion and adultery by the husband.

We agree with the learned vice-chancellor who heard the cause that the proofs are insufficient to show adulterous conduct upon the part of the husband and are likewise insufficient to sustain the burden of proof upon the part of the husband to show that the wife willfully and obstinately deserted him.

The decree below dismissing the petition is therefore affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, MINTURN, KALISCH, BLACK, KATZENBACH, CAMPBELL, LLOYD, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 14.

For reversal — None.


Summaries of

Wilno v. Wilno

Court of Errors and Appeals
May 14, 1928
141 A. 922 (N.J. 1928)
Case details for

Wilno v. Wilno

Case Details

Full title:JOHN WILNO, petitioner-appellant, v. ANNA WILNO, defendant-respondent

Court:Court of Errors and Appeals

Date published: May 14, 1928

Citations

141 A. 922 (N.J. 1928)
141 A. 922

Citing Cases

Locher v. Locher

The burden of proving the willfulness and obstinacy, of the desertion is on the husband. Wilno v. Wilno, 102…

Locher v. Locher

The burden of proving the willfulness and obstinacy of the desertion is on the husband. Wilno v. Wilno, 102…