Subrt v. Subrt

CuRRie, J.

(dissenting). I concur in the dissenting opinion filed by Mr. Justice Fairchild in so far as the issue of custody is concerned. However, I also dissent on the issue of whether the court committed error in denying the defendant husband a divorce on his counterclaim. This is because I am of the opinion that the finding of fact by the trial court to the effect that the defendant husband had failed to prove a case of cruel and inhuman treatment against the wife is against the great weight and clear preponderance of the evidence.