Burks v. Burks

RENFRO, Justice.

This is an appeal from a judgment granting appellee, Henry L. Burks, a divorce. Although duly served with citation, the appellant, Mary J. Burks, did not file an answer. Two days after judgment was rendered, appellant filed a motion for new trial.

The sufficiency of the evidence to uphold the judgment is not questioned.

The appellant presents as point of error No. 1 that fundamental error was committed by the court in granting the judgment because the pleadings were insufficient.

The transcript shows that appellee plead the statutory grounds for divorce for cruel treatment under…