Abney v. Abney

This cause comes to this Court from the action of the trial court in sustaining a demurrer dismissing the action. In this opinion for convenience and clarity, we will refer to petitioner James Harold Abney as “husband”, and respondent Dorothy Annette Abney as “wife.”

On May 25, 1964, the wife, upon her bill filed against her husband in the Probate Court for Davidson County, obtained a decree awarding her separate maintenance. On October 23, 1967, the husband filed the petition here at issue in the Probate Court for Davidson County alleging the parties had lived under the decree for separate…