Rice v. Rice

This is a suit for a divorce. The defendant demurred to the complaint, upon the ground that the suit had hot been commenced within the time prescribed by the statute. • The court below overruled the demurrer, and the defendant refusing to further plead, upon motion, a default was taken for want of answer, and the suit referred to take and report the testimony. Upon the report of the referee, the cause was heard by the court, and the decree rendered from which this appeal is taken.

The error complained of is the overruling of the demurrer. The Code provides that “the defendant may demur to the…