Simon v. Duet

ODOM, Justice.

Plaintiff sued his wife for divorce. The defendant, though cited and served with a copy of the petition, made no appearance, and judgment was entered against her by default. She moved for a new trial on the ground that the judgment was contrary to the law and the evidence. Her motion was overruled, and she appealed.

This was intended to be a suit for divorce on the ground of adultery, and the -trial judge, considering it such, heard testimony relating to the wife’s conduct and confirmed the default. In this connection we take occasion to say that under -the circumstances it is…