Horton v. Horton

In this action in equity to set aside a decree for separate maintenance theretofore entered in an independent action between the parties hereto, defendant prevailed, and plaintiff brings this appeal upon the judgment roll. For convenience and brevity in this opinion John F. Horton, the plaintiff and appellant herein, will be called the husband, and Gallic Ella Horton, the defendant and respondent herein, will be designated as the wife.

The essential facts giving rise to the present controversy are as follows: On October 6, 1930, the wife, as plaintiff, brought the first suit for separate…