Klinger v. Klinger

This is an appeal from a judgment dismissing the husband’s complaint and granting the wife’s counterclaim for divorce. Plaintiff sought a divorce on the grounds of desertion and extreme cruelty. To the counterclaim plaintiff filed a reply alleging that defendant had obtained a judgment of separate maintenance and that such judgment was a bar to the present action.

The parties were married at Chamberlain, South Dakota, on November 1, 1955. Plaintiff, 59 years of age, was a resident of Hanson County; this state, and defendant, 49 years of age, was a resident of California. It was his fifth and…