177 P. 57 | Or. | 1918
This suit is brought on the single ground of desertion. The desertion charged does not run from the time of the actual separation of plaintiff and defendant, but is charged as occurring from and after the first day of October, 1916. The defendant gave evidence in the case that the original separation was caused solely by plaintiff in that he had for some
Commissioner Slater in Luper v. Luper, 61 Or. 418 (96 Pac. 1099), has defined desertion tersely as follows:
“Desertion or abandonment consists in the voluntary separation of one spouse from the other for a prescribed period of time without the latter’s consent, without justification and with the intention of not returning.”
The decree is affirmed. Akeirmed.