Holcomb v. Holcomb

I concur in the result, because I think Julia Holcomb is barred by laches. She waited nearly six years before suing on the contract: that is too long. Hurdle v. American Security & Trust Co., 1929, 59 App.D.C. 58, 32 F.2d 954; see Galliher v. Cadwell, 1892, 145 U.S. 368, 12 S.Ct. 873, 36 L.Ed. 738. The general rule is said to be that laches may not be invoked in a suit between spouses. See Note, 121 A.L.R. 1382 (1939). But the reason for the rule — to preserve domestic tranquillity — has no application here. Where spouses have been separated! throughout the entire span of the delay the better…