BOYCE v. BOYCE

No. 8973.

153 F.2d 229 (1946)

BOYCE v. BOYCE

United States Court of Appeals District of Columbia.

Decided January 28, 1946.


Attorney(s) appearing for the Case

Mr. Edward C. Kriz, of Washington, D. C., with whom Mr. H. G. Robertson, of Washington, D. C., was on the brief, for appellant.

Mr. William T. Hannan, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and CLARK and WILBUR K. MILLER, Associate Justices.


WILBUR K. MILLER, Associate Justice.

The District of Columbia Code (1940) Title 16, § 403, provides that "a divorce from the bond of marriage * * * may be granted for * * * voluntary separation from bed and board for five consecutive years without cohabitation * * *." Relying on this provision, the appellant, Mary G. Boyce, sued the appellee, Malton E. Boyce, and by this appeal complains of the judgment of the District Court which dismissed the action.

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