Wallace v. Wallace

Undercofler, Justice.

T. J. Wallace filed a complaint for divorce on November 26, 1971, against Lillie Pearl Taylor Wallace on the ground of cruel treatment. The defendant was personally served but did not file any pleadings. The complainant was granted a divorce on May 23, 1972. The defendant duly moved for a new trial on the general grounds and attached to the motion an affidavit which asserts: That on an average of every other week-end since the divorce suit was filed her husband would either stay overnight in her apartment or she would spend the night in his apartment and "on each occasion…