Scott v. Scott, 2258.
Decision Date | 09 January 1959 |
Docket Number | No. 2258.,2258. |
Parties | Leonard A. SCOTT, Appellant, v. Mary L. SCOTT, Appellee. |
Court | D.C. Court of Appeals |
Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.
The husband filed a complaint for an absolute divorce on the ground of five years' voluntary separation. Code, § 16-403. The wife defended, claiming that the separation was not voluntary on her part and filed a counter-claim for an absolute divorce on the ground of adultery. The court, after a hearing, dismissed both the original complaint and the counter-claim. Only the husband appeals.
After hearing a number of witnesses, including the husband and wife, the court found:
There was a conflict in the evidence on the question of the continuing voluntary character of the separation on the part of the wife; the trial judge had the opportunity of observing the demeanor of the witnesses and forming an opinion as to their credibility. The record demonstrates that he carefully considered the evidence and we are not in a position to say that his decision was erroneous.
Affirmed.
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