1. Where it is manifest from the circumstances under which the desertion took place, or from the temper or disposition of the wife, or from any other fact in the case, that honest effort on the husband's part to terminate the separation would be unavailing, or, if successful in bringing the desertion to an end, would be so only temporarily, the duty of making it does not exist.
2. A right to a divorce cannot be defeated by recrimination unless the petitioner be guilty of a matrimonial offense which would entitle the defendant to a decree were the defendant not guilty. Held, that the wife has not sufficiently made out her charges of cruelty which she sets up by way of recrimination to petitioner's charge of desertion.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons expressed in the opinion filed in the court below by Advisory Master Moore.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DONGES, KAYS, HETFIELD, DEAR, WELLS, KERNEY, JJ. 13.
For reversal — VAN BUSKIRK, J. 1.