Stevens v. Stevens

Respondent sues for a separation upon the ground of abandonment and non-support. In pleading, the appellant admits the marriage, alleges that he left the respondent because of her adultery, and counterclaims for absolute divorce because thereof. He demands judgment dismissing the complaint and dissolving the *345marriage. Respondent’s reply places in issue the allegation of adultery. An order framing that issue for trial by jury was entered. Such trial was commenced. Respondent moved for an order dismissing the counterclaim on the ground above stated. The motion was granted. The counterclaim was…