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CAPPS v. CAPPS

Record No. 750326.

219 S.E.2d 898 (1975)

David CAPPS, Sr. v. Patricia Diane Seawell CAPPS.

Supreme Court of Virginia.

December 1, 1975.

Attorney(s) appearing for the Case

Howard I. Legum, Norfolk (Fine, Fine, Legum & Fine, Norfolk, on brief), for appellant.

Tonita M. Warren, Newport News, on brief, for appellee.

Case submitted on brief for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.

PER CURIAM.

On December 5, 1973, David Capps, Sr., filed a bill of complaint against his wife, Patricia Diane Seawell Capps, seeking a divorce a mensa et thoro, to be later merged into an absolute divorce, on the ground that she willfully deserted him on October 23, 1973. The bill of complaint was subsequently amended to include allegations of adultery. The wife filed an answer and cross-bill, in which she prayed for a divorce a mensa et thoro based...

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