Rush v. Rush

This is a divorce proceeding in which the defendant, appellant herein, hereinafter referred to as the wife, claims error in the proceedings in the court below in that the trial court refused to dismiss, upon motion, the petition of the plaintiff, husband, appellee herein, for lack of sufficient evidence in support of the prayer thereof and, instead, after a renewal of such motion at the close of the wife’s evidence in support of her denial of the allegations of the husband’s petition, permitted the husband to dismiss his petition without prejudice to a future action.

A further error is claimed…