Legal Opinion · Concurrence

Wolford v. Wolford

West Virginia Supreme Court

Decided November 22, 1949No. 10143Published

1ConcurrenceKenNA, Judge

I agree with the conclusion reached by the majority in deciding this case. However, I fear that if the language of the opinion is logically applied it will be thought to hold that a suit for separate maintenance and divorce may be brought by the wife under Code, 48-2-29. The opinion certainly does not disapprove that practice nor overrule at least two West Virginia cases which uphold it. Infra. The fourth syllabus states that a cross bill in which the principal relief prayed is divorce from the plaintiff may not be entertained in a suit for separate maintenance in which the bill of complaint…

2Cases cited6 opinions

  1. Taylor v. TaylorWest Virginia Supreme Court · 1945
  2. Vickers v. VickersWest Virginia Supreme Court · 1924
  3. Di Bacoo v. BenedettoWest Virginia Supreme Court · 1918
  4. Hale v. HaleWest Virginia Supreme Court · 1927
  5. Gain v. GerlingWest Virginia Supreme Court · 1930

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