Bentley v. Dunkle

Niblack, J".

This case comes to us on certain questions of law, which aroseduring its progress in the court below, and which were reserved for the decision of this court under sections 347 and 348, 2 R. S. 1876, p. 177.

The first question, considered in its natural order, arises on the sufficiency of the complaint, which is, in substance, as follows:

Peter Dunkle, plaintiff in this suit, complains of David E. Bentley and Rosa C. Bentley, his wife, defendants, and shows to the court that the defendants are husband and wife, married prior to the year A. D. 1867, hut where the plaintiff can not…