Johnston v. Johnston

*30OPINION

By EAYNES, J.

This cause came on for trial on the petition and answer. Plaintiff alleged that defendant was guilty of gross neglect of duty and extreme cruelty without specification. Defendant denied the charges. Both parties and their counsel were present at trial. At the close of plaintiff’s case defendant moved to dismiss the petition for failure of proof.

Plaintiff and three corroborative and two character witnesses testified. Defendant was not called as upon cross-examination. The charge of gross neglect of duty is not supported by satisfactory evidence. Neither are the elements of…