Gearing v. Gearing

Opinion by

Linn, J.,

On August 15, 1924, appellee began this suit in divorce. On appellant’s application, bills of particulars were filed. To them and to the libel she filed an answer. She then applied for a rule on libellant “to show cause why the issues of fact in this proceeding [specifying two issues] shall not be tried by a jury.” Libellant opposed the application, but, after hearing, it was granted. The court in compliance with her rule “ordered that the following issues be tried, to wit: ‘1. Did the respondent, by cruel and barbarous treatment endanger the life of Henry C. Gearing, Jr.,…