Dixon v. Dixon

•Lynch, Judge:

This is a proceeding instituted by plaintiff, under §13, Ch. 64, Code, for an obsolute divorce, pursuant to a prior decree granting him a divorce a mensa et thoro. From a decree awarding the relief sought, the defendant appeals. By her assignments of error, she presents two interdependent questions for determination: whether the circuit court had jurisdiction to pronounce the decree complained of; and whether the depositions read on behalf of plaintiff should have been suppressed as irregularly taken.

As disclosed by the record, the original suit was instituted in April, 1903. A…