Walton v. Walton

The opinion of the court was delivered by

Wedell, J.:

This was an action for divorce instituted by the husband. The defendant’s demurrer to plaintiff’s evidence was overruled and from that order his wife appeals..

Plaintiff sought a divorce on the grounds of extreme cruelty and gross neglect of duty. The defendant, in her answer and cross petition, denied the charges and sought a judgment for separate maintenance.

Facts disclosed by plaintiff’s evidence were, in substance, as follows: He was seventy-seven years of age and weighed well under 100 pounds; his wife was approximately forty-seven years…