Jones

Plaintiff appeals from a decree whereby she was denied a divorce from her husband, the defendant. In her complaint, among other things, plaintiff alleged “that 'during the latter part of February, 1916, the said defendant willfully and without reasonable or just cause, assaulted and struck this plaintiff, and assaulted and struck a daughter of this plaintiff, and abused the said plaintiff, and used toward her profane and insulting names, in the presence of her children”; all of which allegations are denied by defendant in his answer. Upon these issues the court found as follows: “The defendant in the latter part of February, 1916, did slap the plaintiff, and did slap the daughter of the plaintiff. This was in the course of an altercation between the defendant on one side and the plaintiff and her daughter on the other side, in which none of them was without fault. The defendant did not upon this occasion use profane and insulting names in the presence of the plaintiff.” Appellant’s sole contention is that the evidence did not justify this finding, and, further, if justified by the evidence, plaintiff was entitled to a decree of divorce thereon.

[1] Conceding that defendant did…