Routh v. Routh

The record discloses that the defendant had obtained a decree of separate maintenance prior to the action commenced in the trial court for divorce by the plaintiff. At the conclusion of all of the testimony the trial court found for the plaintiff and entered the decree of divorce.

This proceeding is brought by the defendant, and in the petition in error and brief in support thereof two propositions are presented. It is argued that where there is a decree of separate maintenance unmodified and from which no appeal is taken, this constitutes a determination which prevents either party from…