LUTZ v. LUTZ

No. 2646.

166 A.2d 489 (1960)

Clarence H. LUTZ, Appellant, v. Josephine N. LUTZ, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided December 30, 1960.

Rehearing Denied January 17, 1961.


Attorney(s) appearing for the Case

Richard L. Walsh, Washington, D. C., for appellant.

James J. Laughlin, Washington, D. C., for appellee.

Before HOOD and QUINN, Associate Judges and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).


CAYTON, Acting Judge.

The husband appeals from a judgment awarding his wife separate maintenance.

The first claim of error is that it was improper to sustain the wife's claim for maintenance, because the parties were not living apart. But although they were occupying the same apartment, the testimony of the wife, and the husband as well, was that they had long occupied separate bedrooms, and it was clear from the evidence as a whole that because of tension...

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