Phelps v. Phelps

The question involved on this appeal is whether the findings of fact support certain conclusions of law and certain provisions of an interlocutory decree of divorce.

Appellant brought suit for divorce from respondent on the ground of mental cruelty, and in her complaint asked that she be awarded the custody of their two children, a son and a daughter, aged respectively eight and ten years, and further prayed for general relief. Respondent answered by way of general denial and cross-complaint, but later withdrew his affirmative pleading.

After hearing the evidence, the court made findings of…