Atwood v. Atwood

Matson, Justice.

Plaintiff appeals from a judgment in an action for divorce.

Plaintiff, the wife, commenced an action for separate maintenance and support. Defendant then filed an answer and a cross bill for an absolute divorce on the ground of cruel and inhuman treatment. In his cross bill, defendant alleged that plaintiff was not a suitable person to have the care and custody of their two minor children and prayed for their custody. Prior to the trial, plaintiff moved and was permitted to withdraw her complaint without prejudice, whereupon the cause was tried on the issues framed by…