Davis v. Davis

This case presents a novel situation: that of the court’s having granted an absolute divorce to the defendant, contrary to her desire, when she specifically prayed only for separate maintenance.

The plaintiff husband brought an action against his wife for a divorce. The ground upon which he asked relief was cruel and inhuman treatment. The defendant, in her answer, resisted the granting of a divorce to her husband, and filed a cross-peti tion, alleging that her husband has been guilty of such cruel and inhuman treatment as to imperil her health and endanger her life, and that such conduct has…