Miller v. Miller

In his petition the plaintiff alleged that he was entitled to a divorce on the grounds of gross neglect and extreme cruelty. During the original trial the plaintiff moved the court for an order permitting him to amend his petition by interlineation by adding the additional ground of habitual drunkenness. The defendant noted his objection to the granting of the motion. The court then said, “overruled,” and although it is not clear as to whether the court was overruling the motion, or the objection thereto, the parties and trial court have treated the motion as having been granted, and we will…