Larsen v. Larsen

November 17, 1943, appellant sued appellee for divorce, alleging (1) indignities on the part of his wife, such as to render his condition intolerable, (the fifth ground for divorce, under § 4381 of Pope’s Digest); (2) separation for three years without co-habitation,* as provided in subdivision 7, § 2 of Act 20 of the General Assembly of 1939.

Upon a trial, January 22,1944, at which both parties were present in person and represented by counsel, at the close of appellant’s testimony, the court on its own motion dismissed appellant’s complaint for want' of equity. We quote from the decree as…