Earles v. Earles

PARKER, Judge.

In his first and eighth assignments of error defendant argues that “if the court sustains Assignment of Error Nos. 4 and 5, there is insufficient competent ¿nd admissible evidence to sustain the judgment in this mattér.” We disagree. At thé trial there was evidence that the parties moved into a motel room; that the defendant subsequently moved out; that after being released from the hospitál the plaintiff asked him to return ; and that the defendant refused, and never has returned to the plaintiff. As there was sufficient evidence to go to the jury on the issue of abandonment,…