Smith v. Smith

This is a divorce action appealed to this court by Dorothy Smith, plaintiff below, from an order of the district court for Lancaster County dismissing her case. The trial court based its order of dismissal on a finding that the evidence adduced was not sufficient to sustain the ground for divorce asserted by appellant, which was extreme cruelty.

Section 42-302, R. R. S. 1943, provides, insofar as here material, as follows: “A divorce from the bonds of matrimony, or from bed and board, may be decreed for the cause of extreme cruelty, whether practiced by using personal violence, or by other…