Stewart v Stewart [1907] HCA 72; (1907) 4 CLR 920 (28 March 1907)

HIGH COURT OF AUSTRALIA

H C of A

On appeal from the Supreme Court of Victoria.

28 March 1907

Griffith C.J. Barton, O'Connor, Isaacs and Higgins JJ.

Hotchin

Griffith C.J.

Barton, O'Connor, Isaacs and Higgins JJ.

The Court dismissed the appeal, holding on the facts, that, whether the wife had or had not just cause or excuse for leaving her husband, the evidence that the desertion had continued for a period of three years and upwards was not satisfactory.

Appeal dismissed.

Proctor, for appellant, S. M. Watson, Melbourne.