Butler v. Butler

WOLCOTT, Chief Justice.

This is an appeal in a divorce action. The husband filed his complaint alleging the marriage of the parties on October 19, 1946; one act of adultery on the part of the wife in the month of July, 1951, and their separation at his instance on November 2, 1964, as soon as he learned of his wife’s act of adultery.

The wife moved to dismiss on the ground that the lapse of thirteen years from the alleged act barred the action under 10 Del. C. § 8106, which requires, inter alia, that an “action based on a statute” shall be brought within three years of the accrual of the cause…