Berndt v. Berndt

After the trial of the issue of adultery before a jury and its determination in favor of plaintiff, the latter moves the court for an interlocutory judgment of divorce. Defendant, in opposition, urges that the cause should be set for trial on the equity calendar, on the ground that certain evidence tending to prove conspiracy on the part of plaintiff and others to compromise the defendant was improperly excluded. Plaintiff, on the other hand, shows that defendant at the trial chose to set up the defense of conspiracy and the matter was fully litigated. At the outset, it might be observed that…