155 P. 189 | Or. | 1916
Opinion by
This was a suit by the husband for a divorce on the alleged ground of adultery by the wife, and to obtain the custody of their daughter now six years old. The answer denied the charge of marital infidelity, and by way of cross-complaint and for affirmative relief averred that the plaintiff had been guilty of cruel and inhuman treatment of the defendant and of personal indignities rendering her life burdensome. The reply denied the allegations of new matter in the answer, and, the cause having been tried, the decree of divorce was granted to the wife, but the custody of the child was awarded to the husband, and from the latter order the defendant appeals.
In the meanwhile, however, the defendant will he given the care, custody and control of her daughter, and the order complained of will he temporarily modified in this respect. Modified.