Smith v. Smith

Nichols, Justice.

Emma Stone Smith as plaintiff brought this action against her husband Roscoe Smith as defendant in Atkinson Superior Court seeking divorce, alimony, custody of and support for the minor children of the parties. The trial judge, without the intervention of a jury, rendered judgment in favor of plaintiff. Held:

1. In Enumeration of error No. 1 appellant complains that the trial court erred in refusing to allow the case to be tried by a jury when a timely written demand for trial was filed prior to the calling of the case for trial. Contrarily, the record discloses that no demand…