Colby v. Colby

The nature of this action will appear from the opinion filed on the former appeal, which was from an order overruling *550a demurrer to the complaint. See 59 Minn. 432, 61 N. W. 460. The case has since been tried by the court without a jury, and judgment was ordered for plaintiff. From an order denying a new trial, defendant again appeals.

Plaintiff and defendant were married in Denmark in August, 1879, and lived together as husband and wife until May 4, 1892, at which date they resided in this state. On the trial the court made the following findings of fact:

“(2) That on or about the 4th day of…