Carr v. Carr

Nichols, Chief Justice.

This is an appeal by the wife in a divorce and alimony action and a cross appeal by the husband from the decree entered on a jury verdict.

1. The wife’s first enumeration of error contends the trial court erred in entering a judgment on the pleadings on the issue of divorce. The wife’s original petition sought a divorce on the ground of cruel treatment. The husband counterclaimed, alleging abandonment and cruel treatment. He subsequently amended his counterclaim, alleging the marriage was irretrievably broken and moved for judgment on the pleadings. The wife then amended…