Gainsley

Action for divorce on the ground of adultery, in which the judgment was in favor of plaintiff. The defendant has appealed from the judgment and from an order denying her motion for a new trial.

The case was tried by the court without a jury and findings were not waived. The only written findings of fact are those prefixed to the judgment, as follows: “And the court, being fully advised in the premises, finds that the allegations of plaintiff’s complaint and supplementary complaint are sustained by the testimony, and are true; and all and singular the law and the premises being by the court here fully understood and considered, wherefore it is ordered, adjudged and decreed that the marriage between the said plaintiff, Seth Gainsley, and the said defendant, Mamie E. Gainsley, be dissolved, and the same is hereby dissolved, and the said parties are, and each of them is, freed and absolutely released from the bonds of matrimony and all the obligations thereof. A. P. Gatlin, Judge. Attest: W. B. Hamilton, Clerk, by E. F. Pfund, Deputy. [Seal.]” Indorsed: “Filed November 8, 1894. W. B. Hamilton, Clerk, by E. F. Pfund, Deputy.”

1. No objection is made on the ground that the facts as…