Rose v. Rose

Opinion of the Court by

Stanley, Commissioner—

Reversing.

The appellant, Dr. J. N. Rose, filed this as a suit for divorce against Lillian Rose, alleging that they were married on February 23, 1926, and lived together as husband and wife until June 30, 1936. He asked for a judgment of divorce upon the grounds of habitual drunkenness, cruelty and a settled aversion. The defendant denied the alleged acts attributed to her and by counterclaim sought a divorce and alimony upon the same grounds. After the proof had been partially taken, the plaintiff filed an amended petition in which he alleged that…