FIORELLA v. FIORELLA

DIVORCE, § 37 — when evidence failed to prove condonation of cruelty. Where plaintiff sought divorce on grounds of desertion and defendant filed cross' complaint charging plaintiff with cruelty, and plaintiff contended that cruelty was condoned, and it appeared from evidence that after acts of cruelty, parties lived separate and apart, held that plaintiff's position was untenable and decree dismissing complaint was proper.

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed May 6, 1946; released for publication May 27, 1946.