Lewis v. Lewis

This is an appeal on questions of law from a judgment of the Common Pleas Court denying the plaintiff’s petition for divorce, custody of children and money for their support. The ground upon which the divorce was sought was that the defendant is confined in the West Virginia State Penitentiary on the charge of auto theft, serving a sentence of one to ten years in that penal institution.

No defense was interposed and the cause came on for hearing solely upon the plaintiff’s petition. The record reveals that the plaintiff was interrogated by counsel on all the relevant issues and that the…