Harper v. Harper

Jordan, Justice.

This is an appeal from the denial of a motion for a new trial in a divorce case. In May, 1973, Louis Harper, appellee, filed a petition asking for divorce and custody of their two children on the grounds of cruel treatment. In her answer and cross appeal, appellant sought the same award on the same grounds. On June 26, 1973, pursuant to a temporary agreement the trial court ordered that the mother have custody of the children, and that the father pay alimony and support.

The case went to trial in May, 1974. After the evidence, and during his charge to the jury, the trial judge…