Powell ex rel. Reynolds v. Powell

Lyle Brown, Justice.

Vickie Ruth Powell, appellant, filed suit for divorce against Kenneth Allen Powell. She being a minor, suit was brought by her mother as next friend. After Vickie had testified in her own behalf, the chancellor dismissed her complaint, holding that she had “failed to make a showing of what this court conceives to be adequate grounds for divorce.” The request of Vickie’s counsel to produce three other witnesses was denied.

The effect of the trial court’s ruling was to hold that the complaining spouse must first make a prima facie case by his or her testimony before any other…