Parker v. . Parker

At the trial of this action, the court instructed the jury as follows:

“The burden is on the plaintiff, gentlemen of the jury, to satisfy you by the greater weight of the evidence that he has lived separate and apart from the defendant for a period of two years or more, and if he has so satisfied you that he has lived separate and apart from her for a period of two years, or for a longer period than two years, then it will be your duty to answer the second issue ‘Yes’; otherwise, you would answer the issue ‘No.’

On her appeal to this Court, the defendant assigns this instruction as error. The…