Helfgott v. Helfgott

District of Columbia Circuit Court of Appeals

Argued Dec. 2, 1949.

Decided Dec. 12, 1949.

District of Columbia Circuit Court of Appeals · decided 1949-12-12

Cited by 1 later decisions — most recently December 1949

1 federal appellate ·

2 counsel of record

Relies on Parks v. Parks

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1949-12-12

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¶1Mr. Harrison Fargo McConnell, Washington, D. C., for appellant.

¶2Mr. John R. Foley, Washington, D. C., for appellee.

¶3Before EDGERTON, WILBUR K. MILLER, and PROCTOR, Circuit Judges.

¶4PER CURIAM.

¶5A separation between husband and wife, though originally caused by the plaintiff’s desertion of the defendant, was in our opinion “voluntary” for five consecutive years within the principle of Parks v. Parks, 73 App.D.C. 93, 116 F.2d 556. The plaintiff was therefore entitled to a divorce. 49 Stat. 539, § 1, D.C.Code (1940) § 16-403.

¶6Reversed.