Roberts v. Roberts

HYATT, Justice.

Appellant by complaint and respondent fey cross-complaint each sought a divorce on the ground of externe cruelty. At the close of the trial, upon which both parties produced evidence, the judge after denying appellant’s motion for a non-suit as to the cross-complaint, remarked in substance that he considered it extreme cruelty for a husband to institute a divorce action against the wife charging her with improper marital conduct when he had no evidence whatsoever to justify such charge and that here there was absolutely no proof by the plaintiff of his charges. He further said:…