Luley v. Luley

Matson, Justice.

Defendant in a divorce action appeals from an order denying a new trial.

Plaintiff brought this action June 1,1949, for an absolute divorce on the ground of cruel and inhuman treatment and also for the custody of the parties’ only child, Janine Rose Luley, born June 30, 1948. Defendant, alleging that plaintiff was guilty of cruel and inhuman treatment, counterclaimed for the same relief. Plaintiff and defendant, 32 and 48 years old respectively, were married in Kentucky on December 26, 1946, and since then have lived in St. Paul, Minnesota.

The trial court found that defendant…