Waid v. Waid

Dissenting Opinion.

Royse, J.

I cannot agree with the majority opinion in this ca,se. I am of the opinion the record discloses facts which show conclusively as a matter of law appel lant was insane at the time she did the things of which appellee complains.

As stated in the majority opinion, appellee instituted this action on the ground of cruel and inhuman treatment. Appellee’s complaint alleges the parties “lived and cohabited together as husband and wife until the 29th day of April, 1944, upon which date they separated and have since lived apart.” There was one son who, at the time the…