Kunzmann v. Kunzmann

HATHAWAY, Chief Judge.

The parties were married in 1952, and have three teenaged sons. In February of 1973, Mary B. Kunzmann brought suit against her husband seeking (1) separation from bed and board, and (2) absolute divorce. At trial, on her motion, the count requesting an absolute divorce was dropped over the defendant’s objection. Absolute divorce remained in issue, however, on the defendant’s counterclaim.

After a highly contested trial to the court, sitting without a jury, the defendant *522was granted an absolute divorce. This appeal questions the sufficiency of the evidence to support the…