Evans v. Evans

Gaynor, J.:

The time of the court is so much wasted on the hearing of these defaults in actions for absolute divorce, by the unnecessary introduction of evidence on certain points, that something needs to be said about the practice. Eule 72 of,the General Eules of Practice provides that “ unless it be averred in the complaint” (1) that the adultery was committed without the consent, connivance, privity or procurement of the plaintiff, (2) that five years have not elapsed since the plaintiff discovered the adultery, (-3) or where the defendant is living in adulterous intercourse that five years…