Canning v. Canning

BEJACH, Judge.

I respectfully dissent from the majority opinion in this cause. The majority opinion affirms the action of the trial judge in granting a motion by the defendant wife to withdraw the issues from the jury and dismiss complainant’s suit. The cause was being tried to a jury and the ground for divorce alleged was cruel and inhuman treatment. As is stated in the majority opinion, complainant had not only adduced some substantial proof tending to sustain the charge of cruel and inhuman treatment, but had adduced proof corroborating same. In that situation, it is my opinion that the…