Duerner v. Duerner

The opinion of the court was delivered by

McLean, J.

This is an appeal from the dismissal of a petition for divorce. The charge was adultery. The offensive acts were alleged to have been committed in the month of March, 1926, 20 years prior to the filing of the petition on July 24th, 1946. The petition was dismissed because the guilt of the defendant was known to petitioner and he offered no adequate explanation for his failure to sue for a dissolution of the marriage for more than 20 years. Appellant contends that the delay in bringing his suit should have been set up in the answer and failure…