White v. White

STAKELY, Justice.

This is an appeal from a decree granting Marvin White (appellee) a divorce from the bonds of matrimony from Ruby White (appellant) on the ground, of voluntary abandonment. The decree is attacked on this appeal on three grounds, (1) the failure to file a note of testimony as required by Equity Rule 57, Code 1940, Tit. 7 Appendix; (2) the insufficiency of the evidence; and (3) the lack of power of the court to render the decree.

Equity Rule 57 is as follows:

“Note of testimony for submission for final decree. A note of submission, signed by each party to the submission or his…