State Ex Rel. Progress v. First Judicial District Court

With all due respect for the judgment of my associates, I think that their conclusion that the statute enacted by the last legislature creating an additional cause for divorce was intended to be retroactive in its operation is not warranted by the language of the statute. The statute in part (Stats. 1931, c. 111) reads:

"SECTION 1. Divorce from the bonds of matrimony may be obtained * * * When the husband and wife have lived apart for five consecutive years without cohabitation the court may at its discretion grant an absolute decree of divorce at the suit of either party."

It may be conceded…