Marshall v. Marshall

Jordan, Justice.

This appeal in a divorce action is from the grant of the husband’s motion for judgment on the pleadings on the issue of divorce.

The wife’s original complaint was based on the ground that the marriage was irretrievably broken. The husband’s answer admitted this allegation. By counter-complaint he alleged that he was entitled to a divorce upon the grounds of cruel treatment and that the marriage was irretrievably broken. The wife amended her complaint by striking the paragraph alleging that the marriage was irretrievably broken, and substituting the ground of cruel treatment.…