Gullett v. Gullett

This was a divorce case. There was a cross-petition, also praying a divorce. The finding of the court was that a divorce ought to be granted, “'not upon the application of either party, but upon the whole case,” and there was a decree dissolving the marriage, and a judgment against the plaintiff' for costs. The defendant appeals. "Was the decree proper upon the finding?

The following provisions of the ^divorce act bear upon the question before us: “ Sec. 7. Divorces shall be decreed upon the application of the injured party.” &c. 2 G. & IL, 350.

See. 14. “In addition to an answer the defendant…