Campbell v. Campbell

The assignments of error raise this single inquiry: Was the plaintiff’s evidence sufficient to withstand the defendant’s motion for a compulsory nonsuit and to support the verdict in her favor ?

The defendant insists that this question should be answered in the negative. He advances these arguments to sustain his position: That the separation agreement of 28 August, 1936, embodies the only contract ever made between him and the plaintiff with respect to the support of his minor child; that in consequence the plaintiff’s alleged cause of action is necessarily predicated upon the separation…