Summers v. Summers
Indiana Supreme Court
From Clark Circuit Court; Harry G. Montgomery, Judge. Action by Catherine Summers against Rollo H. Summers. Prom a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1394 Burns 1908, Acts 1901 p. 565.)
1Opinion of the CourtMorris, J.
Action by appellee against appellant, her husband, for support, by reason of alleged desertion, under the provisions of §7869 et seq. Burns 1908, §5132 R. S. 1881.
There was a judgment for appellee, from which appellant appealed to the Appellate Court, which has transferred the cause to this court under the provisions of §1394 Burns 1908, Acts 1901 p. 565, with the recommendation that the case of Stanbrough v. Stanbrough (1878), 60 Ind. 275, be overruled. From the opinion of the Appellate Court, in *10transferring the cause, it appears that that court concluded that the judgment of the trial…
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