Kellogg v. Wayne Circuit Judge

Relator is defendant in a divorce proceeding. In his answer (by way of cross-bill), he charged his wife with having committed numerous acts of adultery prior to the date of her marriage to relator, and with having procured said marriage through gross fraud. On motion of the wife (complainant in the divorce cause), respondent ordered that that portion of the answer containing the charges aforesaid be expunged as scandalous and impertinent. Relator prays for a mandamus compelling respondent to vacate said expunging order. It is urged by relator that, inasmuch as complainant prays for alimony,…