Byers v. Byers

The broad question for decision is whether an action for divorce may be maintained on the ground that “the husband and wife have lived separate and apart for two years” (ch. 100, Public Laws 1937), when it is shown and pleaded in bar that such separation was the result of the plaintiff’s wrongful abandonment of the defendant and their two children, and his offering such indignities to the person of the defendant as to render her condition intolerable and life burdensome. Specifically, the question posed is whether the amended answer states a good plea in bar, admitting for the purpose the…