Spade v. Spade

The plaintiff wife instituted this Action for separation upon the grounds of defendant’s cruel *171and inhuman treatment and failure to support plaintiff properly. The defendant answered with a general denial and also set up two separate defenses, to wit, (1) that on January 26, 1955, the parties entered into a separation agreement which is valid and subsisting, and (2) that the plaintiff has associated with other men and is guilty of misconduct in her marriage to the defendant. The plaintiff served no reply to defendant’s answer.

If plaintiff had the grounds to do so, she could have served a…