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FOLEY v. FOLEY

No. 3078.

184 A.2d 853 (1962)

Sidonia Wetherill FOLEY, Appellant, v. John Dyer FOLEY, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 26, 1962.

Attorney(s) appearing for the Case

Eugene L. Stewart, Washington, D. C., with whom Godfrey L. Munter, Washington, D. C., was on the brief, for appellant.

Alvin L. Newmyer, Washington, D. C., for appellee. Alvin L. Newmyer, Jr., Washington, D. C., also entered an appearance for appellee.

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

CAYTON, Acting Judge.

A wife's complaint for maintenance was dismissed on the ground that her separate income was sufficient to maintain her in the social position in life to which she was accustomed. She appeals.

The parties were married in 1933 and have no children. For six years before this suit was filed in November 1961, they lived separate lives and their marriage was in fact "dead." Nevertheless, they continued living together and sharing the household...

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