Carroll v. Carroll

OPINION

By the Court,

Coleman, J.:

This is a suit for divorce instituted by appellant, the cause of action alleged being that of cruelty. The defendant denied the allegations of cruelty, and by counterclaim pleaded cruelty and adultery on the part of the plaintiff. To the counterclaim the plaintiff filed a reply wherein he denied the affirmative matter of the counterclaim, and also pleaded in abatement that, previous to the institution of the divorce suit, the defendant had instituted an action for separate maintenance wherein she alleged the identical matter pleaded by her in the counterclaim.…