Falknor v. Falknor

*477OPINION

By HORNBECK, J.

This is an appeal from an order of the Common Pleas Court dismissing plaintiff’s petition for divorce. Plaintiff charged gross neglect of duty and extreme cruelty against his wife. She cross-petitioned with like charges. The trial judge heard the testimony and refused to grant a decree to either. No cross-appeal is prosecuted.

A somewhat extended brief is filed on behalf of the plaintiff in which it is urged that both causes of action set forth in plaintiff’s petition were clearly established and the factual situation as claimed to have been developéd by the evidence is…