Mackey v. Mackey

Arthur Mackey, the complainant, filed a bill of complaint against Bernice Trower Mackey, the defendant, seeking a divorce on the *527grounds of wilful desertion and abandonment. We granted the defendant an appeal from a decree awarding the complainant a final divorce.

The assignments of error attack the decree on the grounds of insufficiency of evidence and lack of proper notice of the taking of depositions.

Although there is serious doubt that the evidence was sufficient to sustain the decree, we need not make that determination, since, in our view, the decree must be set aside because proper…