Baker v. Baker

This case presents a quite unusual situation and calls for the exercise of a quite unusual remedy.

Plaintiff sued defendant for divorce on the ground of cruelty.

Defendant denied generally and by cross-petition sought a divorce on the grounds of cruelty and adultery.

*309The unusual situation to which I refer arises as a result of these facts.

On October 28, 1955, there was filed our opinion in Yost v. Yost, 161 Neb. 164, 72 N. W. 2d 689, where (quoting from the syllabus) we stated these three rules:

“9. Where a wife is conclusively found to be occupying an adulterous relationship with a man not her…