Carmichael v. Carmichael

Did the court err in overruling plaintiff’s motion as to the matter alleged in bar of his suit?

*203Plaintiff charged impotency on the part of the defendant. The defendant, after denying this charge, pleaded in bar facts constituting cruel and inhuman treatment that, if proved, would afford her grounds for a divorce.

For the purpose of considering this demurrer, we must accept as true all facts well pleaded.

By filing her plea in bar, the defendant has invoked the protection of the well-established principle of recrimination. The doctrine of recrimination is an application of the wholesome maxim in…