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SCOTT v. SCOTT

Nos. 2076, 2077.

137 A.2d 722 (1958)

David SCOTT, Appellant, v. Lue Bertha SCOTT, Appellee. Lue Bertha SCOTT, Appellant, v. David SCOTT, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided January 21, 1958.

Attorney(s) appearing for the Case

John Alexander, Washington, D. C., for appellant in No. 2076 and for appellee in No. 2077.

William A. Smith, Washington, D. C., for appellee in No. 2076 and for appellant in No. 2077.

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

QUINN, Associate Judge.

Appellant brought this action against his wife seeking an absolute divorce on the ground of desertion. She contested the suit and filed a cross-complaint for a limited divorce on the ground of cruelty. On the day of trial the wife did not appear and accordingly her cross-complaint was dismissed. When the husband had rested his case, the wife, who was represented by counsel, moved to dismiss the action. This motion was granted and the husband...

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