McCoy v. McCoy

We will refer to plaintiff in error, defendant in the trial court, as the wife, and to defendant in error, plaintiff in the trial court, as the husband. Counsel appearing in this court on behalf of the wife did not represent her in the trial court.

The husband filed his complaint seeking a divorce. The wife in her counterclaim asked for a decree of divorce. On the second day of the trial as a contested case, the wife asked leave to withdraw her counterclaim and to allow the cause to proceed noncontested. Thereupon further evidence was taken and an interlocutory decree of divorce was granted to…