DAVIS v. DAVIS

No. 3190.

191 A.2d 138 (1963)

Lester Roy DAVIS, Jr., Appellant, v. Annie Lu DAVIS, Appellee.

District of Columbia Court of Appeals.

Decided May 28, 1963.


Attorney(s) appearing for the Case

William J. Garber, Washington, D. C., with whom Sherman C. Shelton, Washington, D. C., was on the brief, for appellant.

Richard L. Merrick, Washington, D. C., for appellee.

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


HOOD, Chief Judge.

This appeal is by a husband from an order dismissing his complaint seeking a divorce on the ground of five years voluntary separation.

The facts, as found by the trial court, are these. A child was born out of wedlock to the parties in April of 1955. In November of that year the parties were legally married, but separated eight days later and have not lived together since that time. Prior to and at the time of the marriage the parties agreed...

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