Smith v. Smith

Koch, P. J.,

— The subpcena in this case was made returnable on July 7, 1930. The ground upon which the divorce is sought is wilful and malicious desertion. The respondent entered a general appearance but filed no answer. When the master proceeded with the taking of testimony on December 29, 1930, the respondent appeared with her counsel, and her counsel cross-examined the libellant and his witnesses and then offered certain evidence for the respondent, but the offers were objected to by the libellant’s counsel because no answer had been filed and hence there was no issue of fact to determine.…