Barton v. duPont

Seitz, Chancellor:

There are complaints in two separate actions which will hereinafter be treated as one. In them plaintiff seeks *365separate support and maintenance based upon allegations that she was abandoned by the defendant, her husband, without legal cause and that she is in destitute and necessitious circumstances. Defendant’s answer denies, inter alia, that plaintiff is his wife and by counterclaim defendant seeks a declaration based on the declaratory judgment act or on legal and equitable principles that plaintiff is not defendant’s wife.

This court’s jurisdiction over the separate…