Witbeck v. Witbeck

The plaintiff and defendant were married some time prior to 1929. During that year the plaintiff obtained a judgment against her husband decreeing a separation from bed and board, a dissolution and partition of the community of acquets and gains existing between them, and awarding the plaintiff the custody of a minor child, the issue of the marriage.

This suit is based upon the judgment of separation, and is for an absolute divorce. The defendant excepted to the suit upon the ground that the petition does not allege a cause of action. After a hearing thereon, the defendant’s exception was…