The Lehigh law journal - v. 6 Author:Unknown Author Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ed that she has any other right to the street except that arising from a former proprietor's dedication. As such she must reckon with the statute of limitations,... more » the act of 1889. She doesn't claim to have accepted the dedication, otherwise than constructively by reason of improvement and user. Unless the rights of the public were exercised as early as 1877 the borough has no standing; and it is quite evident that any claim to that effect would bear some examination. The plaintiff's showing is not such as will warrant the retention of the bill pending a suit at law. Let a decree nisi be entered in accordance with the fourth conclusion of law; exceptions, if any, to be filed within ten days after notice to the parties sec. reg. FERREE vs. FERREE. Divorce—Desertion—Practice—ProofS To establish sufficient ground for a decree in divorce on the ground of desertion the proof must disclose (1) marriage, (2) cessation from cohabitation, (3) intention of defendant not to resume cohabitation, (4) absence of the plaintiff's consent to the separation, (5) absence of justification, (6) continuance of the desertion during the statutory period. Facts must be proved to show that the desertion was willful and malicious. In the Court of Common Pleas of Westmoreland County. Examiner's report. February term, 1896, No. 353. " ; John Latta and John W. Sarver, for Petitioner. McConnell, J. The rule of court requires the examiner to attach the libel to his report. We could learn therefrom the ground on which divorce is asked in this case. The rule has not been observed in this case. We assume, however, that the ground is desertion, inasmuch as the examiner recommends a divorce on that ground. The causes that warrant the divorcing of husband and wife are specifically designate...« less