Owen v. Owen

Irvin Stanley Owen sued his wife for a divorce, charging adultery; the wife filed an answer and cross bill making the same charge against her husband; the testimony was taken ore tenus. The court held that neither party had proven the allegations in the pleadings, permitted the respondent to amend her cross bill charging desertion by the husband, and on March 28, 1930, entered a decree granting her a divorce a mensa et thoro on this ground. The decree contains but one exceptions, i.e., the objection of the husband to the action of the court denying him a divorce on the ground of adultery, and he, on that ground, signified his intention to appeal. The evidence was not made a part of the record and no question is raised in this court as to the correctness of this ruling.