Overby v. Overby

There is' no controversy as to the first three issues. ■ The court did not submit an issue as to defendant’s ■ claim for the $1,800 allegedly paid by her on the mobile home and the record shows no exception to this determination. Defendant’s assignments of error relate to the evidence and charge on the questions of abandonment and entitlement to the lots.

Appellant assigns as error the failure of the court to charge the jury that if the plaintiff abandoned the defendant, he was not entitled to a divorce from her, and failure of the court to instruct the jury that abandonment imports…