McKannay
McKannay v. McKannay
Opinion
Lead Opinion
Knight, J.
Action for divorce. The defendant Mary E. McKannay appeals from an order altering findings, made after the entry of an interlocutory judgment. The amended complaint was in two counts, each count being based upon a separate ground of divorce, viz., extreme cruelty and desertion. The second cause of action was dismissed by plaintiff . during trial. .The charge of extreme cruelty was embodied in paragraph Y of the first cause of action and was made up of thirty-four specific acts of alleged cruelty, which were separately stated. Defendant answering the first cause of action specifically denied all of the alleged acts of cruelty and set forth four separate defenses, the first three of which related to the statute of limitations. The fourth separate defense charged matters of recrimination, including desertion on the part of plaintiff. It also set forth the circumstances concerning the helpless condition of one of the two minor children, the issue of said marriage, and the circumstances of her necessities. Said defendant also made denial of the allegations of the second cause of action and by reference urged the four separate defenses already mentioned. During the trial defendant…