Davis v. Davis

HOOD, Chief Judge.

This appeal is by a husband from an order dismissing his complaint seeking a divorce on the ground of five years voluntary separation.

The facts, as found by the trial court, are these. A child was born out of wedlock to the parties in April of 1955. In November of that year the parties were legally married, but separated eight days later and have not lived together since that time. Prior to and at the time of the marriage the parties agreed that the purpose of the marriage was to give the child a legal name and that if they were not satisfied with the marriage a divorce…