Albritton v. Albritton

WALDEN, Chief Judge.

This is an appeal from an order of dismissal entered in a contested divorce suit.

*818The appellate problem may be stated as follows:

“Does evidence of an incidental act of marital relations between husband and wife subsequent to the filing of a divorce complaint constitute condonation requiring dismissal of a suit in the absence of any testimony regarding the element of forgiveness ?”

While testimony was being taken at the final hearing the court noticed in the file the plaintiff-wife’s answer to an interrogatory. It indicated that the parties had marital relations on an…