Ramsay v. Ramsay

OPINION

By the Court,

Merrill, J.:

Upon this appeal (from judgment of the trial court and from its order denying motioii for new trial) we are concerned with the question whether in an action for divorce a single act of sexual intercourse occurring after separation of the parties can alone serve as con-donation of a course of conduct amounting to extreme cruelty.

The complaint of the plaintiff husband as supported by a bill of particulars, showed separation of the parties in October, 1948, and asserted as cruelty a course of conduct on the part of the defendant wife extending for a period of…