Johnson v. Johnson

An action for divorce was filed by plaintiff, the respondent herein, alleging certain acts of mental and physical cruelty inflicted by defendant upon plaintiff, in which defendant answered, denying the several acts of cruelty set forth, and asking that the decree of divorce be not granted.

The cause was tried and an interlocutory decree of divorce was granted plaintiff. Appellant moved for a new trial, which was denied, and thereupon took this appeal from the order and judgment.

Appellant enumerates various grounds for reversal, but relies principally upon two points: 1. That the trial court erred in denying the motion of defendant for leave to file an amendment to her answer setting up a defense of con-donation ; 2. That the evidence is insufficient to justify or support the finding and judgment of the court.

As to the question of the amendment to the answer setting up matters by way of further defense, the record discloses that the complaint was filed in March, 1930, the answer was thereafter filed in June, 1930, and the cause was tried in May, 1931. During that time no amendment was proposed nor filed, but at the trial, and after plaintiff had rested, counsel for the…