Rogers v. Rogers

Upon the conflicting affidavits submitted, we cannot say that plaintiff has shown a reasonable probability of success in her action for a separation. It may be that upon a plenary trial she will be in a position to establish her cause of action, but thus far we are not persuaded that she will prevail.

As we have had occasion to point out recently, the greatest aid to the dispatch of matrimonial problems of the nature presented upon this appeal would be an early trial of the action where the merits of the case and the financial ability of the husband, if it becomes a material issue, can be…