Barnett v. Barnett

TOWNSEND, Commissioner.

In her petition for divorce plaintiff alleged the marriage of the parties in 1933 “and that from and after” that date “plaintiff and defendant have lived together as wife and husband.” Defendant moved to dismiss on the ground that the petition alleged that the parties “are still living together as wife and husband”. (No ruling upon that motion was ever made). Thereupon plaintiff filed her amended petition, the pertinent part of which alleged that for more than one year the parties had not cohabited and had not lived as husband and wife but had lived separate lives in…