Beno V. Beno

On January 25, 1965, plaintiff, Susan J. Beno, filed her petition for divorce against defendant, Thomas N. Beno. The same day he filed a petition for divorce against plaintiff. Each alleged the ground designated by section 598.8(5), Code 1962, as such inhuman treatment as to endanger the life of the spouse. Each asked custody of their son Christopher and the usual relief sought in divorce cases. Defendant was first served with an original notice. Defendant's action was consolidated for trial with that of plaintiff. The trial court found neither had established grounds for divorce and denied any relief. Plaintiff has appealed. Defendant has cross-appealed.