Sutton v. Sutton

Undercofler, Justice.

This is a divorce action from which the defendant wife appeals the overruling of her motion for new trial upon the general grounds and upon the special ground of the newly discovered evidence that she is pregnant as a result of this marriage.

The evidence as stipulated by counsel shows: The plaintiff husband separated from his wife on May 29, 1967, removed himself from their home, and filed an action for divorce on the ground of cruel treatment. The defendant wife filed a cross appeal for divorce on the same ground. On June 2, 1967, a court order “by consent of the…