Metcalf v. Metcalf

This is an action for divorce instituted by the husband. The complaint alleged cruel treatment rendering plaintiff’s life burdensome to the extent that he removed himself from the marital home. The wife answered, denying cruelty and affirmatively alleging that the husband had left home because he was enamored of another woman, but did not cross-complain for either divorce or separate maintenance. When plaintiff rested his case in chief, the trial court granted defendant’s oral motion that the answer be amended to pray for separate maintenance. At the conclusion of the evidence, the court…