Lowry v. Lowry

Opinion o.f the Court by

Judge Sampson

Reversing.

Originally this was an action for divorce and alimony. The wife instituted the suit and was decreed a divorce and the custody of their' infant' child. The grounds alleged in the petition were cruel and inhuman treatment. She proved by more than one witness that on at least two separate occasions her husband had cruelly struck and beat her. The answer traversed the averments of the petition as to cruelty. The second - paragraph was a counterclaim for divorce on the ground of lewd and lascivious conduct on the part of the wife. The only evidence…