Whaley v. Whaley

Opinion op the Court by

Stanley, Commissioner—

Reversing in part and affirming in part.

W. A. Whaley sued Katherine Whaley for divorce on the ground of cruel treatment, and later by amended petition charged adultery and lewd conduct. He stated there had been born to them three children whose custody he asked. Their ages at the time of the filing of the suit in 1938 were twelve, ten and nine * years, respectively. The defendant traversed the allegations as to the grounds for divorce, and stated that four children had been born to the union. The plaintiff had not referred to the youngest child,…