Cone v. Cone

Appellant sued his wife for divorce, charging adultery. She counterclaimed for divorce alleging extreme cruelty. The case was tried by the chancellor who found the plaintiff’s charge of adultery against the wife was not proved, and dismissed the complaint. The decree then granted a divorce to the wife on her counterclaim, and reserved jurisdiction to rule later on her alimony request.

On the husband’s appeal the determinative question is whether the chancellor’s finding, that the plaintiff failed to prove the material allegations of his complaint by which he charged the wife with adultery, is…