Thomey v. Thomey

MILLER, Justice.

September 30, 1946 trial of an action for divorce, wherein Emma Thomey was plaintiff (respondent here) and Henry Thomey was defendant (appellant here) came on for hearing in the District Court of Twin Falls County, Idaho, before the Honorable James W. Porter, District Judge. At the conclusion of respondent’s case, appellant moved for a nonsuit, which motion was denied and appellant then rested without the submission of any proof in opposition to respondent’s case. Accordingly, there is no question as to the ultimate facts.

August 10, 1933, appellant was residing in a rented…