MILLER v. MILLER


85 S.E.2d 221 (1955)

196 Va. 698

Ernest B. MILLER v. Arlene Davis MILLER.

Supreme Court of Appeals of Virginia.

January 17, 1955.


Attorney(s) appearing for the Case

Wharton, Aldhizer & Weaver, Harrisonburg, for appellant.

Julian K. Hickman, Harrisonburg, for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER and SMITH, JJ.


BUCHANAN, Justice.

The appellant, Ernest B. Miller, brought this suit for divorce a mensa et thoro from his wife, Arlene Davis Miller, on the ground of desertion. Code, § 20-95. The court below was of opinion that the evidence he offered was insufficient to support the charge but tended rather to prove a separation by mutual consent and accordingly denied the divorce and dismissed the bill.

The defendant was personally served with process but filed...

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