This section contains the nature of the case and procedural background.

H and W have been married for fifty years and have not lived together since 1931. After finding that there was no evidence that H had been deserted, the court detailed two isolated instances of W's alleged cruel and abusive treatment. The first was an exchange of epithets in H's barbershop in 1965 when W asked H for money for her support. The second occurred in 1967 when she called him 'a faker' after a court hearing to which he had been summoned for failure to obey an order of ten dollars a week for her support. The court found for W and ordered H to pay W’s costs and attorney fees. H appealed.

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