Carroll v. Carroll

OPINION

By the Court,

Coleman, J.:

Several grounds are urged as reasons why a rehearing should be granted in this case.

It is insisted first that, in view of the fact that it was the duty of the husband, at common law, to support his wife, it was not necessary that the defendant plead the facts showing the necessity of contribution by the plaintiff.

This contention is now made for the first time. In fact, the defendant seems to have proceeded in the trial court upon the theory that it was necessary to plead such necessity. On no other theory can we account for the allegation wherein it was…