Harwell v. Harwell

I respectfully dissent to Division 1 of the court’s opinion and to the judgment of affirmance in this case. The appellee was denied a divorce from appellant on the ground of cruel treatment by a jury verdict rendered October 16, 1973. Appellee’s motion for a new trial was dismissed on November 26,1973, and there was no appeal therefrom. Prior to the trial of that case in October, there became effective, on July 1, 1973, an additional ground of divorce (Code Ann. § 30-102 (13)) that the marriage is irretrievably broken. Nevertheless, the appellee went to trial in October and asked the jury to…