Hyder v. . Hyder

The appellant assigns as error an excerpt from the charge-which reads: “Now, gentlemen, the burden of proof of that issue is on the defendant Mrs. Hyder to satisfy you by the greater weight of the evidence that the plaintiff criminally and unlawfully abandoned her; and there are two elements of abandonment which must be shown, and shown by the greater weight of the evidence, before she can prevail. She must first show that the abandonment, that is, the separation, was willful on his part, that is, wrongful, without just cause or excuse; and, second, that he has failed to provide adequate…