Vasconcellos v. Vasconcellos

OPINION OF THE COURT BY

STAINBACK, J.

An action for divorce was brought by appellant-libelant on the grounds of desertion. Prior to filing the present case each of the parties had sued the other for divorce. These cases were consolidated for trial and each party was denied a divorce in April, 1948, the presiding judge having found that both parties were at fault and that neither was entitled to a divorce.

The following month the appellant-libelant used the messenger service of R. C. A. Communications, Incorporated, and sent his wife a message saying “Please come home.” She received the message…