Ellis v. Ellis

This suit was instituted by plaintiff, as the alleged injured party, for an absolute divorce upon the ground that there has been a separation between himself and the defendant, his wife, and that they have lived separate and apart for more than five successive years prior to the institution of the action. C. S., 1659. There is no specific allegation in the complaint that the plaintiff has resided in this State for'the requisite 5-year period of separation.

In her answer, the defendant sets up a cross-action, which is permissible under our practice (Cook v. Cook, 159 N. C., p. 50), alleges that…