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Capps v. Capps

216 Va. 382, 219 S.E.2d 898 (1975)

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Capps v. Capps

Virginia Supreme Court

216 Va. 382, 219 S.E.2d 898 (1975)

Facts

An argument between David Capps, Sr. (plaintiff) and his wife, Patricia Capps (defendant) took a physical turn when David struck Patricia. Patricia permanently left the house, taking the couple’s two children with her. David filed for divorce on the ground of desertion. Patricia filed an answer and cross-bill in which she sought divorce from David on the ground of physical cruelty. David and Patricia differed somewhat in their accounts of the altercation, but evidence that David struck Patricia at least once was corroborated. The trial court found in favor of Patricia. David appealed. The Virginia Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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