Brackett v. Brackett

Mobley, Justice.

In ground 5 of the motion for new trial as amended, the plaintiff in error contends that the court erred in failing to charge that “no divorce shall be granted if the evidence shows and the jury finds that both parties to a marriage of having been guilty of like conduct of cruel treatment toward the other, if cruel treatment is the only ground alleged.”

Each of the parties charged the other with cruel treatment in that each did fuss, quarrel, and nag at the other and did various things to humiliate and embarrass the other, and did wilfully inflict bodily and mental pain upon…