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HERR v. HERR

No. 31006.

35 Wn.2d 164 (1949)

211 P.2d 710

PHYLLIS M. HERR, Respondent, v. MELVIN D. HERR, Appellant.

The Supreme Court of Washington, Department One.

November 22, 1949.

Attorney(s) appearing for the Case

Karr, Tuttle & Campbell, for appellant.

Ervin F. Dailey, for respondent.

SCHWELLENBACH, J.

On October 7, 1946, Phyllis M. Herr commenced an action for separate maintenance against her husband in the superior court for King county, cause No. 378294. The complaint alleged:

"That plaintiff and defendant have been residents of Seattle, King County, Washington continuously since August 12th, 1946; ..."

Although it appears from the testimony that the plaintiff obtained a restraining...

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