Combs v. Combs

PEDEN, Justice.

This is an appeal from a decree granting a divorce to Mr. Walter Combs after a non-jury hearing.

The only point of error raised by appellant is that the “trial court erred in proceeding to trial without the presence of defendant and cross-plaintiff and/or her attorney and in failing to grant a new trial upon her motion for new trial.”

The divorce decree recites that Mrs. Combs appeared not, but wholly defaulted; however, both appellant and appellee have agreed and admitted in their briefs and their oral arguments before this Court that before this case was called for trial Mrs.…