Wiener v. Wiener

Layton, J.,

delivering the opinion of the Court:

Prior to the adoption of the new Rules of the Superior Court, it was the practice that where the defense to a divorce action was to consist of no more than a general denial of the allegations of the petition, no answer need be filed. Otherwise, a formal answer was required. 2 Wooley, Delaware Practice, Sec. 1636; Banks v. Banks, 6 Penn. 442, 67 A. 835; Bancroft v. Bancroft, 4 Boyce 9, 85 A. 561; Palese v. Palese, 6 Boyce 584, 101 A. 438. In our opinion, Rule; 104 has changed this practice and requires the filing of an answer in every case where…