King v. King

This action was brought by the plaintiff against the defendant for an absolute divorce upon the statutory ground. The defendant denied the offense and interposed four affirmative defenses, namely, procurement, connivance, express forgiveness, and voluntary cohabitation.

Within 20 days after issue was joined, the defendant made a motion at Special Term “for a rule or order directing the trial of all issues herein by a jury.” The motion was granted, and an order was there*277upon made and entered directing that the trial of all the issues in the action be had by a jury. The issues to be tried were…