McCartney v. McCartney

Duckworth, Chief Justice.

1. Where the plaintiff’s and the defendant’s grounds for divorce and evidence were based on cruel treatment arising out of the same facts and circumstances such as the failure of one spouse to love the other, thus making life miserable and unbearable, but denied by the other, and accusations of lying, deceit, and spying, denied by the other, and such alleged false allegations being urged as grounds of cruel treatment, it is reversible error to charge the jury that a divorce may be granted in favor of both parties, since the result would be manifestly based on…