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UPCHURCH v. UPCHURCH

76 S.E.2d 170 (1953)

194 Va. 990

UPCHURCH v. UPCHURCH.

Supreme Court of Appeals of Virginia.

Rehearing Denied July 15, 1953.

Attorney(s) appearing for the Case

Horace G. Bass, George E. Bendall, Danville, and Victor S. Bryant, Durham, N. C., for appellant.

Meade, Talbott & Tate, Danville, for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.

SPRATLEY, Justice.

On February 21, 1952, Roy W. Upchurch, hereinafter referred to as the plaintiff, filed a bill in which he charged his wife with cruelty, and with wilful desertion on February 16, 1952. He prayed for a divorce a mensa et thoro. His wife, Margaret Lyon Upchurch, filed an answer and cross-bill. In her answer she denied the charges of cruelty and desertion, and in her cross-bill charged the plaintiff with cruelty and with requesting her to indulge...

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