McNabb v. McNabb

I respectfully dissent from the majority in affirming the judgment below. The case was tried the last time without an amendment by either party of their pleadings. The evidence introduced by the appellee to sustain the allegations upon which he bases his action for divorce were in no degree strengthened upon the second trial. In the former opinion Huff, C. J., says:

“The rule in this state, as well as in others, is that parties cannot be divorced for incompatibility, or because they live unhappily together, or merely because they possess unruly tempers, or for marital wranglings. If the acts…