Harpole v. Harpole

Tom Glaze, Judge.

This is a divorce case in which the appellee was granted the divorce. The decisive question on appeal is whether appellee’s proof was sufficient to establish her cause of action.

The appellee filed her complaint alleging general indignities. Appellant answered, denying such allegations and requesting that appellee’s complaint be dismissed. At trial, appellant’s counsel made the following opening statement:

May it please the Court. At the outset, we, of course, have filed an answer and counterclaim in the case, but as a practical matter we will not fight the grounds for divorce.…