Hyndman v. Hyndman

Duckworth, Chief Justice.

The excerpt of the charge complained of instructed the jury that, if they granted a divorce to the plaintiff, they were then authorized to grant a divorce to the defendant. The sole charge made by the defendant against the plaintiff was that of voluntary and wilful desertion. A verdict granting the defendant a divorce would be a finding that the plaintiff was guilty of this charge. Such a verdict for the defendant would be irreconcilable with a verdict for the plaintiff, which would be a finding that her allegations of cruel treatment were sustained. The inconsistency…