Note 485 — Chapter XVII · A CENTURY AND A QUARTER OF DIVORCE LEGISLATION IN THE UNITED STATES, 1776-1903 (continued 3)
Reading edition
Sec. 96 of the "Civil Code" also declares that "persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party, when there is no just cause for such refusal, is desertion."—Deering, Codes and Stat. (1886), II, 34; Pomeroy, Civil Code (1901), 48.
On desertion see especially Hardenberg v. Hardenberg, 14 Cal., 654; Benkert v. Benkert, 32 Cal., 467; Morrison v. Morrison, 20 Cal., 431; Christie v. Christie, 53 Cal., 26; also Stein v. Stein, 5 Col., 55; Pilgrim v. Pilgrim, 57 Iowa, 370.