Brightwell v. Brightwell

A husband sued his wife for divorce; she filed an answer in the nature of a cross-petition, asking for a divorce and the allowance of temporary and permanent alimony and attorney’s fees. At the first trial of the case before a jury a verdict was returned finding against the grant of a divorce to either party, omitting express reference to the allowance of alimony and attorney’s fees. The wife made a motion for a new trial on the usual general grounds, which was refused. There was no exception to the judge’s refusal of a new trial. At a subsequent term the case was again submitted to a jury in…