172 S.E. 157 (Va. 1934), Gentry v. Gentry

Citation:172 S.E. 157, 161 Va. 786
Opinion Judge:GREGORY, J.
Party Name:MARGARET S. GENTRY, AN INFANT v. NORRIS C. GENTRY.
Attorney:[161 Va. 787] Gordon B. Ambler and John C. Goddin, for the appellant. Thomas O. Moss and George B. White, for the appellee.
Judge Panel:Present, All the Justices. EPES, J., concurring.
Case Date:January 11, 1934
Court:Supreme Court of Virginia
 
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Page 157

172 S.E. 157 (Va. 1934)

161 Va. 786

MARGARET S. GENTRY, AN INFANT

v.

NORRIS C. GENTRY.

Supreme Court of Virginia

January 11, 1934

Appeal from Circuit Court, Henrico County.

Suit by Norris C. Gentry against Margaret S. Gentry, an infant, wherein defendant filed a cross-bill. From an adverse decree, defendant appeals.

Decree reversed, and cause remanded, with directions.

VIRGINIA REPORTS SYNOPSIS

Appeal from a decree of the Circuit Court of Henrico county. Decree for complainant. Defendant appeals.

Reversed and remanded.

The opinion states the case.

[161 Va. 787] Gordon B. Ambler and John C. Goddin, for the appellant.

Thomas O. Moss and George B. White, for the appellee.

Present, All the Justices.

OPINION

GREGORY, J.

Norris C. Gentry filed a bill in chancery against his wife, Margaret S. Gentry, asking for a divorce from bed and board on the grounds of desertion. Mrs. Gentry answered the bill, denied the allegation of desertion charged against her and filed a cross-bill asking that she be awarded a divorce from bed and board from her husband on the ground of his desertion. Both parties claimed the custody of their two small infant children. The decree of the trial court granted the husband a divorce from his wife on account of her desertion and granted him the custody of the two infant children for nine months in the year and granted their custody to Mrs. Gentry for three months in the year. It denied Mrs. Gentry alimony and dismissed her cross-bill. The decree is now before this court for review.

It appears from the evidence that these parties eloped and were married in Washington, D.C., on June 25, 1925. At that time Mrs. Gentry was fifteen and her husband twenty years of age. The father of Mr. Gentry accompanied them to Washington, was present when the marriage license was issued and when they were married. The mother of Mrs. Gentry, who was the surviving parent, [161 Va. 788] knew nothing of the elopement or marriage until afterwards. She then procured a warrant for her son-in-law for swearing falsely in order to procure the license, but later had the warrant dismissed. Mr. and Mrs. Gentry, soon after their marriage, returned to Richmond and lived together in the home of Mr. Russell Gentry, the father of Norris Gentry, and they continued to live there until their relations were severed on the night of January 31, 1931. Two children were born of the marriage, and they were four and one-half and two and one-half years of age, respectively, when this suit was instituted.

As is usual in such cases, a great deal of the testimony is immaterial and in stating the...

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