Simmons v. Simmons

QUINN, Associate Judge.

Appellant husband brought this action against his wife seeking an absolute divorce on the ground of adultery, naming a corespondent who was joined as a defendant. The suit was contested and the wife filed a cross-complaint for a limited divorce on the ground of cruelty. At the conclusion of the case the trial judge made certain oral findings and later written findings. In the judgment filed October 28, 1957, the court, among other things, found:

“2. The defendant and the co-respondent did not commit an act of adultery as alleged in the complaint.

“3. The plaintiff, having…