Eberly v. Eberly

This is an appeal by the husband from a decree of the Circuit Court for Washington County granting the wife a divorce a mensa et thoro on the ground of desertion and dismissing the husband’s cross bill of complaint for divorce a mensa et thoro on the ground of constructive desertion.

Examination of the record reveals that the appeal was filed May 9, 1968. The decree was dated May 7, 1968, but not filed until May 10, 1968. The relevant docket entries are:

“5/8/68 Argument and Memorandum of Law for the Defendant and Cross-Plaintiff filed. Supplemental Memorandum filed. Legal Memorandum of the…