Miller v. Miller

RUTLEDGE, Associate Justice.

The appeal is from a judgment of the District Court dismissing the complaint for divorce. It' is presented on an agreed “Statement of Evidence.” As the action for divorce is uncontested, both below and here, we are without benefit of argument by defendant, and the only evidence on which the agreed statement is based is plaintiff’s testimony and that of her corroborating witnesses. Plaintiff commenced this action November 15, 1938, asking for absolute divorce on the ground of desertion. At the hearing in June, 1939, plaintiff testified that she and her husband had…