Carnes v. . Carnes

Nothing but the record proper — summons, pleadings, verdict and judgment — has been sent up as the case on appeal. It contains none of the evidence or the charge of the court. Hence, the anomaly of the judgment granting a divorce a mensa et thoro to both parties at the same time, is not before us for consideration. Only the party injured is entitled to a divorce from bed and board under C. S., 1660. Sanderson v. Sanderson, 178 N. C., 339, 100 S. E., 590. See, also, Reeves v. Reeves, 203 N. C., 792. Evidently, the jury took the view that both parties had been injured.

It may be doubted whether…