Smith v. Smith

This is an action for divorce brought against the wife where there is an existing separation agreement. The agreement was made February 2, 1926, and the action was commenced April 12, 1926. The agreement gives the wife a gross sum which is clearly inadequate but no point is made on this account in the answer. The agreement covers the question of alimony and counsel fees in any action brought by the wife and is silent as to allowances in an action brought by the husband. The answer seeks to set aside the agreement on the ground that it has been broken. The agreement having been so recently…