Whitehurst v. Whitehurst

The question presented for our decision in this suit by the appellant, Dorothy P. Whitehurst, the plaintiff below (wife), in the Circuit Court for Carroll County (Weant, J.) for a divorce a mensa et thoro against her husband, the appellee, Robert H. Whitehurst, on the ground of desertion is whether or not the lower court was clearly in error in holding that the husband had established the defense of recrimination because of the wife’s alleged unjustified refusal of marital relations with her husband.

The parties were married in Carroll County on April 19, 1952. Three children were born as a…