Ryan v. Ryan

This action is for divorce. The defendant denies the charges and pleads as a defense (but not as a counterclaim) the prior adultery of the plaintiff. Upon the trial I found both parties guilty of the acts charged. The defendant’s act was of rather recent occurrence, while the plaintiff’s act occurred more than five years prior to the commencement of the action and was known by the defendant to have been committed at the time of its commission. The parties have not lived together since the plaintiff committed his offense.

The legal question is whether the misconduct of the plaintiff occurring…