Wacker v. Wacker

Opinion op the Court by

Stanley, Commissioner—

Reversing.

Upon abundant evidence a divorce was granted Lucy Wacker from Julian R. Wacker because of cruel treatment. The plaintiff appeals that part of the judg- • ment denying her the custody of both of their children.

The girls were five and six years old, respectively, in the summer of 1937, when the evidence of the plain tiff was heard. Cross-examination by the defendant’s counsel consisted principally of insinuation of sexual misconduct on the part of the wife. But there was not an iota of evidence to sustain such innuendo. The defendant…