White v. White

On Motion to Dismiss Appeal.

DAWKINS, J.

Plaintiff obtained in the court below a judgment of separation from bed and board, giving her the care and custody of the minor children, and for alimony at the rate of $125 per month. This judgment was signed January 6, 1921, and *315on April 7th of the same year plaintiff took a devolutive appeal.

The judgment below was proven up as on default, after the overruling of certain exceptions by defendant, and the latter appeared as a witness, being called on cross-examination under the statute of 1908 (No. 126).

Defendant has moved to dismiss the appeal upon the…