Byerly v. Byerly

This is an appeal by Marie Byerly from a final decree of the Circuit Court of Rockingham county, denying appellant a divorce a mensa et thoro upon a charge of desertion on the part of her husband, Franklin Lee Byerly, appellee.

The cause was heard upon the bill and answer and depositions taken on behalf of the appellant. There was no evidence adduced on behalf of appellee nor was any effort made to deny any of the facts established by the evidence taken on behalf of the appellant.

The trial court, of its own motion, apparently, excluded from consideration as privileged, all communications…