Merkle v. Merkle

Henderson, J., delivered the opinion of the' Court. This appeal is by a wife from a decree granting' a divorce a mensa to a husband, on a bill charging adultery and desertion. The Chancellor found the evidence ’ of adultery insufficient but found desertion within eighteen months before the filing of the bill. There was no cross-appeal.

The parties were married in January, 1951. They were each forty-seven years of age and both had been previously married to other persons. The wife had some property of her own, including $5,000, the proceeds of insurance upon the life of her deceased husband. With this money, and other funds supplied by Mr. Merkel’s mother, they built ánd operated a tavern ánd restaurant on the Ritchie Highway, where they resided: There was abundant evidence that the wife was, of became, a problem drinker, but there was no evidence of serious discord until October, 1951.

She did not deny the drinking but claimed that her husband did not object and drank with her. However, there was testimony that she was often in such condition that she would stagger about the place and her husband gave orders to the employees not to serve her liquor. She frequently went out at night and would appear at the homes of - other witnesses, or come home, long after midnight in an intoxicated condition. The husband began to suspect that she was in the company of other men.

On October 27, 1951 the husband charged her with undue intimacy with the bartender, Bellman. 1 Aquafrel ⁴⁹⁹ ensued in which she defiantly admitted that she had had sexual relations with Bellman. She made the same statement to Mrs. Bellman over the telephone, she says because Mr. Merkle forced her to. Bellman left or was discharged as a result of this incident. A few days later, when she came home in a taxi-cab, she told her husband she had had sexual relations with the driver.

According to the husband, the driver said he “never started it”; after the driver had gone, she pointed out to her husband the place where the cab driver had parked while they had relations. There was testimony from several witnesses that she made admissions of misconduct to them or in their presence. On the stand the appellant denied that she had ever had improper relations with anyone.' She denied that she had admitted her guilt to her husband or anyone else. The Chancellor stated that “even though she did make the admissions” he did not believe that improper relations had occurred, and in any