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LUTHER v. LUTHER

[No. 79, September Term, 1963.]

233 Md. 92 (1963)

195 A.2d 605

LUTHER v. LUTHER

Court of Appeals of Maryland.

Decided December 4, 1963.

Attorney(s) appearing for the Case

John J. Brennan, with whom were Maguire & Brennan on the brief, for appellant.

Hyman Ginsberg, with whom were Benjamin K. Sugar, William R. Sutton and Ginsberg & Ginsberg on the brief, for appellee.

The cause was argued before HENDERSON, HAMMOND, HORNEY, MARBURY and SYBERT, JJ.

SYBERT, J., delivered the opinion of the Court.

Warren M. Luther appeals from a decree of the Circuit Court for Baltimore County which granted a divorce a vinculo matrimonii to his wife, Lillian F. Luther, on the ground of desertion, with an alimony award of $25.00 a week. The only question presented is whether the actions of the wife, while suffering from mental illness, constituted constructive desertion so as to justify the husband in leaving the family...

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