Albert v. Albert

Wade, 0. J.

This is an action for divorce. The cause alleged is extreme cruelty. The proof tended to show that the defendant had on divers occasions heat and whipped his wife, and that the wife had accused her husband of adultery, and had published the accusation among her neighbors.

Among others, the court gave the jury the following instruction, upon which the error complained of is assigned, viz.:

“ That if the jury find from the evidence that though defendant did strike plaintiff more than one time, still this does not necessarily establish the charge. If the plaintiff, by her own conduct…