Baptist v. Baptist

Ellis,-C. J.

(dissenting).—I think the decree of divorce rendered on June 8, 1936, from which the appeal in this case was taken, should be affirmed.

The case was tried by the Chancellor oii bill of complaint, answer and testimony taken ore tunnus before the court. The ground alleged for the divorce was a statutory one of desertion and it was alleged that the desertion began in August, 1932. The bill was filed, April 3, 1935, but in the meantime Mrs. Baptist procured a decree for separate maintenance and attorneys’ fees on November 28, 1932, on her bill filed in September, 1932. In her answer to…