MOORE, Justice.
We will refer to plaintiff in error as Joy or plaintiff, and to defendant in error as Allen or defendant.
In 1951 Joy commenced an action for divorce in the district court of Huerfano county. Allen responded by answer and cross-complaint. Upon trial of the issues to a jury Allen was found not guilty of the acts of cruelty charged against him, and Joy was found guilty of cruelty as charged by Allen. A divorce decree was awarded to him.
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