Hurd v. Hurd

McALLISTER, Circuit Judge.

Mary Beck Hurd, appellant, brought suit for divorce from marriage on the ground of voluntary separation from bed and board for five consecutive years without cohabitation. On the conclusion of the proofs, the district court denied a decree of divorce on the .ground that appellant’s evidence was -insufficient; and she appeals.

The proofs disclosed that the parties were married April 10, 1930. On September 2, 1938, a child was born of the marriage, who is now living with appellant, and has been continuously with her since birth. From the time of their marriage,the…