Endick v. Endick

Stayton, Associate Justice.—

This is an action for divorce, based on many averments of cruelty exercised by the husband towards the wife. There is no statement of facts contained in the transcript, and the errors assigned relate to the exclusion of evidence offered and to supposed defects in the charge of the court.

Under a long line of decisions, the rule has been fixed that, in the absence of a statement of facts, the correctness of charges given will not be considered, unless, under no facts which might have been proved under the pleadings, could the charge have been correct. Pfeuffer v.…