DeWitt v. DeWitt

MYERS, Associate Judge.

Appellant-husband appeals from a judgment denying him an absolute divorce on the ground of five years’ voluntary separation and from a judgment on appellee-wife’s counterclaim awarding her $1,300 a month as separate maintenance for herself and for the support of minor children of the parties in her care.

■ Although conceding at oral argument that the trial judge’s finding that there had not been five years’ voluntai'y separation on both sides was purely a factual determination and one which this court ordinarily would not have power to review, appellant argues that the…