Broch v. Broch

A decree of divorce was granted Mrs. Broch by the Circuit Judge and she was given the custody of a six-year-old girl child. The Court of Appeals has reversed the case on the facts .and dismissed the suit. By her petition for certiorari, which has been granted and argument heard, the preliminary question is made that the Court of Appeals erred (1) in considering the evidence at all because no motion for a new trial was made in the trial court, and (2) in hearing the case de novo, in disregard of the material evidence rule.

It appears that in his answer, filed December 21, 1929, the defendant…