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McADORY v. McADORY

No. 91-CA-0855.

608 So.2d 695 (1992)

Kimberly Nell Hamm McAdory v. James Edward McAdory, Jr.

Supreme Court of Mississippi.

September 24, 1992.

Attorney(s) appearing for the Case

G. Jyles Eaves, Eaves & Eaves, Louisville, for appellant.

J. Niles McNeel, David E. Bane, Jr., McNeel & Ballard, Louisville, for appellee.

Before HAWKINS, P.J., and SULLIVAN and BANKS, JJ.

BANKS, Justice, for the court:

I.

In the present appeal, we are called upon to review the level and quantum of proof necessary to support a finding of adultery. Kimberly Nell Hamm McAdory (Kimberly) appeals a judgment of the Winston County Chancery Court granting to James Edward McAdory, Jr., (James) a divorce on the ground of adultery. Finding that the evidence below did not rise above mere suspicion, we reverse not only the finding of adultery, but the...

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