Clearman v. Clearman

This action is brought by a wife to procure a separation from bed and board under subsection 3, § 1762, Code Civil Proc. She alleges that her husband has abandoned her. The defenses are two: First, that there has been no abandonment within the meaning of the law; and, second, that a separation was agreed upon between the parties. Of the second defense it is not necessary to say anything further than that the proof fails to establish such an agreement, and, at most, shows that negotiations were had looking to such an end, but that they were not consummated, and the terms were never agreed upon.