Mosley v. Mosley

WIGGINTON, Judge.

This interlocutory appeal seeks review of an order denying appellant’s motion to dismiss the complaint filed by appellee. It is contended that the complaint fails to state a cause of action upon which the relief prayed may be granted, and that the court erred in entering the order appealed.

The complaint alleges that appellant and appellee are husband and wife who are separated and have been living apart from each other since November 10, 1962. The parties are the joint owners of a sum of money which at the time of their separation was on deposit in a joint savings account in…