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POLLARD v. POLLARD

130 S.E.2d 425 (1963)

204 Va. 316

Lester POLLARD v. Elizabeth Smith POLLARD.

Supreme Court of Appeals of Virginia.

April 22, 1963.

Attorney(s) appearing for the Case

William Davis Butts, Newport News, on brief for appellant.

William Alfred Smith, Hampton, on brief for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

CARRICO, Justice.

In this divorce case we are, for the first time, presented the question of the application of Code, § 20-93, the pertinent provisions of which are as follows:

"Insanity of guilty party after commencement of desertion no defense.—When the suit is for divorce from the bond of matrimony for wilful desertion or abandonment, it shall be no defense that the guilty party has, since the commencement of such desertion, and within...

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