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McILWAIN v. McILWAIN

212 S.E.2d 284 (1975)

215 Va. 633

James Clyde McILWAIN, Jr. v. Susan Cary Etheridge McILWAIN.

Supreme Court of Virginia.

March 10, 1975.

Attorney(s) appearing for the Case

Frank N. Perkinson, Jr., Roanoke, for appellant.

Harvey S. Lutins, Roanoke (Lutins & Lawrence, Roanoke, on brief), for appellee.

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

COCHRAN, Justice.

Susan Cary Etheridge McIlwain, plaintiff, filed a bill of complaint on January 7, 1972, against her husband, James Clyde McIlwain, Jr., defendant, seeking a divorce a mensa et thoro, to be merged into an absolute divorce at the proper time, on the ground of cruelty tantamount to constructive desertion that was alleged to have occurred on December 30, 1971. She asked for custody of their three-year-old son, alimony, and child support, and for...

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