Majority
p. 13ESTHER COVERDILL vs. DAVID B. COVERDILL.
Headnote
The court refused to decree a divorce on the groünd of abandonment, where both par. ties resided within the county.Petition for divorce, on the ground -of wilful absence by the husband from his wife, with the intention of abandonment, for three years.
G. G-. Ridgely, for the petitioner.
The abandonment was fully proved; but it appeared that the dej fendant was living within the county, and no cause appearing why the parties should not live together, except the disinclination of the husband, the court refused to decree a dissolution of the marriage contra'ct; and divorced the parties from bed and board.
Quere? — Is not legislation on this subject needed, to give the courts power to compel mutual cohabitation by entertaining suits for the restitution of conj'Ugal rights, or otherwise?