Helfgott v. Helfgott, 179 F.2d 39 (D.C. Cir. 1949)
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US Court of Appeals for the District of Columbia Circuit
- 179 F.2d 39 (D.C. Cir. 1949)
Argued December 2, 1949
Decided December 12, 1949
Decided December 12, 1949
Mr. Harrison Fargo McConnell, Washington, D. C., for appellant.
Mr. John R. Foley, Washington, D. C., for appellee.
Before EDGERTON, WILBUR K. MILLER, and PROCTOR, Circuit Judges.
PER CURIAM.
A separation between husband and wife, though originally caused by the plaintiff's desertion of the defendant, was in our opinion "voluntary" for five consecutive years within the principle of Parks v. Parks, 73 App.D.C. 93, 116 F.2d 556. The plaintiff was therefore entitled to a divorce. 49 Stat. 539, § 1, D.C.Code (1940) § 16-403.
Reversed.
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