Small v. Small

DELAHANTY, Justice.

Plaintiff Virginia H. Small and defendant Beverly O. Small were married in 1952. On April 30, 1974, the plaintiff commenced divorce proceedings by filing a complaint against the defendant in the District Court. The defendant responded with an answer and counterclaim and exercised his right to have the case removed to the Superior Court. M.D.C.Civ.R. 73(b). After the close of all the evidence the presiding Justice granted a divorce to the plaintiff on the ground of cruel and abusive treatment and denied the defendant’s counterclaim. 1

The defendant’s appeal from the judgment…