Statter v. Statter

On February 16, 1953 Humphrey Statter commenced an action for separation against his wife, Amy Statter, charging cruelty and abandonment. An extension of time to answer was granted the wife on her attorney’s representation that further time was required to establish the existence of a prior marriage by the husband, the fact of which would serve as a defense and basis for affirmative relief in the separation action. Despite this extension, however, when the answer was filed it. contained neither affirmative defense nor counterclaim. Instead, the wife’s pleading admitted the marriage’s validity…