Ralph A. Merritt v. Mabel F. Merritt

The parties were the only witnesses in this case. The testimony of the defendant was wholly inconsistent with the plaintiff's claim of abandonment. The defendant's exceptions, therefore, raise the question whether the testimony of the plaintiff himself furnished any evidence from which the facts necessary to sustain the decree might be found. The libel was filed upon July 10, 1929. The divorce decree therefore involves a finding that before that date the defendant had ""abandoned and refused, for three years together, to cohabit with"" the plaintiff. P. L., c. 287, ss. 6, par. IX, and 7.