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BUTLER v. BUTLER

222 A.2d 269 (1966)

Minnie Elizabeth BUTLER, a/k/a Bette Butler, Defendant Below, Appellant, v. Franklin Paul BUTLER, Plaintiff Below, Appellee.

Supreme Court of Delaware.

July 6, 1966.

Attorney(s) appearing for the Case

Frank O'Donnell and Stephen Hamilton, Wilmington, for appellant.

Victor F. Battaglia of Theisen & Lank, and A. James Gallo, Wilmington, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal in a divorce action. The husband filed his complaint alleging the marriage of the parties on October 19, 1946; one act of adultery on the part of the wife in the month of July, 1951, and their separation at his instance on November 2, 1964, as soon as he learned of his wife's act of adultery.

The wife moved to dismiss on the ground that the lapse of thirteen years from the...

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