Geroe v. Geroe

• Decision Date: 25 April 1940
• Docket Number: No. 225.,225.
• Citation: 12 A.2d 675,127 N.J.Eq. 250
• Parties: GEROE v. GEROE.
• Court: New Jersey Supreme Court

12 A.2d 675

127 N.J.Eq. 250

GEROE

v. GEROE.

No. 225.

Court of Errors and Appeals of New Jersey.

April 25, 1940.

Appeal from Court of Chancery.

Action by William W. Geroe against Jacintha Rose Geroe, for divorce. From a decree dismissing the petition, petitioner appeals.

Affirmed.

Robert J. McCurrie, of Newark, for appellant.

Ward & McGinnis, of Paterson (Peter J. McGinnis, of Paterson, of counsel), for respondent.

PER CURIAM.

This appeal is from a decree in Chancery dismissing a petition for divorce filed by the husband for the cause of desertion.

The issue is entirely factual. This Court does not lightly disturb factual findings of the lower tribunal. Croake v. Summit Trust Co., 119 N.J.Eq. 356, 182 A. 869. An inspection of the record discloses that the entry of decree of dismissal was proper and it is here affirmed.

For affirmance: The CHIEF JUSTICE, Justices PARKER, CASE, BODINE, DONGES, HEHER, and PORTER, and Judges HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, and HAGUE, —13.

For reversal: Judge PERSKIE—1.