Eastman v. Eastman

GAINES, Associate Justice.

This was a suit for divorce, brought by the appellant against her husband. The alleged ground of the action was cruel treatment. There is no statement of facts in the record, but the "trial judge has filed his conclusions of fact and law, and the assignments of error, in effect, claim that the court erred in determining that upon the facts found the plaintiff was not entitled to a decree of divorce.

We are of opinion that the learned judge has applied too rigid a construction of the statute to the facts of the case. It has been sometimes held, and more frequently…