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48 App. D.C. 362

Davis v. Davis

U.S. Court of Appeals for the D.C. Circuit

Decided February 3, 1919

U.S. Court of Appeals for the D.C. Circuit · decided 1919-02-03

Hearing on an appeal by the defendant from a decree of the Supreme Court of the District of Columbia, sitting as an equity court, denying the prayer of a cross bill and granting the plaintiff a divorce a mensa, et thoro. The facts are stated in the opinion.

Cited by 1 later decisions — most recently June 1924

1 district ·

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1919-02-03

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Mr. Justice Van Orsdel

¶1delivered the opinion of the Court:

¶2This is an action for divorce. Appellee, Blanche L. Davis, plaintiff below, in her bill charged defendant, Jacob Henry Davis, with adultery, and prayed an absolute divorce. Defendant answered, denying the charge, and, by way of cross bill, charged plaintiff with adultery and prayed an absolute divorce. The charge was of course denied by plaintiff.

¶3A decree was entered exonerating each of the parties of the charge of adultery; but, on the ground of desertion, plaintiff was granted a divorce from bed and board, given the custody of the infant child, Albert Davis, and awarded $40 per month for the support of herself and child. From so much of the decree as is adverse to defendant, he appeals.

¶4The evidence on both sides is such that a resume of it here would be neither beneficial nor wholesome. A careful examination of the record leads to the conclusion that the solution reached by the trial justice is equitable, at least, and should not be disturbed.

¶5The decree is affirmed, with costs. Affirmed.

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