MARCEY v. MARCEY

No. 1920.

130 A.2d 918 (1957)

Betty L. MARCEY, Appellant, v. Melvin L. MARCEY, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided April 1, 1957.


Attorney(s) appearing for the Case

Louis S. Papa, Washington, D. C., for appellant.

B. Austin Newton, Jr., Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.


ROVER, Chief Judge.

Appellant filed a complaint against her husband for absolute divorce on the ground of desertion for two years under the provisions of Code 1951, § 16-403, and for permanent custody of their minor child. The trial judge ruled that she had failed to prove desertion and accordingly entered an order denying the divorce. This appeal assigns as error the finding that the evidence proved a mutual agreement between the parties to separate and not...

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