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ERNEST WERPUPP petitioner-respondent, v. LULU WERPUPP, defendant-appellant.ERNEST WERPUPP, petitioner-appellant,

1. Where a husband acquiesced in his wife's living apart from him and considered the separation as entirely satisfactory, he will not be granted a decree of divorce on the ground of desertion.

2. The wife, having refused to make her home with her husband and acquiesced in the separation, cannot claim that there was desertion on her husband's part. Accordingly, her counter-claim for maintenance in this suit cannot be sustained.

PER CURIAM.

The decree appealed from will be affirmed on both appeals, for the reasons stated in the opinion filed in the court below by Advisory Master Colie.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.

For reversal — None.

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WERPUPP v. WERPUPP
(Apr 17, 1931)