Aubrey v. Aubrey

Opinion op the Court by

Judge Latimer

Affirming.

This action reaches us by appeal from the Jefferson Circuit Court.

The appellee was plaintiff below. His action for divorce was based on the ground of cruel and inhuman treatment. The defendant, by answer, denied the allegations of plaintiff’s petition, and by counterclaim sought divorce on the ground of cruel and inhuman treatment. Each asked for the custody of their infant child.

The Commissioner heard the testimony introduced by both parties and in his report recommended that the plaintiff be granted an absolute divorce; that he be given the…