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DIENHART v. DIENHART

168 S.E.2d 279 (1969)

210 Va. 101

Edythe Baker DIENHART v. Walter Argyle DIENHART, Jr.

Supreme Court of Appeals of Virginia.

June 16, 1969.

Attorney(s) appearing for the Case

George F. Darden, Jr., Virginia Beach, for appellant.

No brief or argument for appellee.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.

GORDON, Justice.

The only issue on this appeal is whether the proviso in Code § 20-1091 precluded the trial court from modifying a previous award of alimony.

On August 27, 1965 Edythe Baker Dienhart and her husband, Walter Argyle Dienhart, Jr., executed a separation contract settling their property rights and providing for the payment by Mr. Dienhart of $125 per month "alimony" to Mrs. Dienhart.

Mrs. Dienhart then...

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