Nesmith v. Nesmith

This is a divorce case.

The wife sought a divorce from the husband. After an oretenus hearing the trial court denied the parties a divorce. Thereafter, within thirty days, the wife filed a Rule 59, A.R.Civ.P., motion to alter, amend, or vacate the court decree, or in the alternative, motion for a new trial. The trial court, in response to the motion, took additional testimony at a hearing on the motion. The divorce was then granted on grounds of irretrievable breakdown of the marriage. Custody of the parties' two minor children was awarded to the wife.

The husband, through able counsel, appeals…