Powell v. Powell

Mr. Presiding Justice Holdom

delivered the opinion of the court.

This is an appeal from a decree granting separate maintenance on the wife’s bill. There is but one question pertinent to our decision, and that is whether the parties are husband and wife. This element of the case was injected by the cross-bill of defendant, which the chancellor dismissed. If the parties are husband and wife — and we are of the opinion that they are— then the decree is right.

In his cross-bill defendant admits the marriage between them alleged in complainant’s bill for separate maintenance to have taken place at…