Tuthill v. Tuthill

MYERS, Associate Judge:

Appellant sought an absolute divorce from his wife, appellee here, alleging as grounds her adulterous relations with a named co-respondent. He also requested custody of their minor daughter. The wife by her complaint prayed for a legal separation on the ground of his cruelty, or separate maintenance, and custody.

After a four-day trial ending September 30, 1963, the trial judge announced from the bench his proposed findings of fact and conclusions of law — in summary, that the husband had condoned his wife’s adulterous conduct and therefore his complaint for an absolute…