Herbert v. Herbert

Moss, Chief Justice:

Theodore W. Herbert, the appellant herein, brought this action for a divorce a vinculo matrimonii from his wife, Elizabeth Rogers Herbert, the respondent herein, on the ground of habitual drunkenness; Section 20-101(4) of the Code. He also alleges that several children were born of the marriage, all of whom are emancipated except the minor son, Theodore W. Herbert, Jr., age fifteen. He alleges that this minor son should be allowed to choose the parent with whom he wishes to live.

The respondent, by her answer and counterclaim, denied that she was a habitual drunkard and…