Kelling v. Kelling

In a separation action, the plaintiff moves to dismiss the affirmative defense or, in the alternative, to require the defendant to serve an amended answer separately stating and numbering his alleged separate defenses.

The affirmative defense objected to by the plaintiff was interposed pursuant to section 1163 of the Civil Practice Act. This section permits a defendant in a separation action to set up as a defense the misconduct of the plaintiff. This defense was set forth in the answer in one paragraph which alleged a series of acts of misconduct without stating the time or place of each.

The…