Jeffers v. Jeffers

OPINION

By the Court,

Ducker, J.:

This is an action for divorce instituted by the husband. In his complaint it was charged as grounds of divorce as follows: “That plaintiff and defendant have lived separate and apart without cohabitation for a period of longer than five years next preceding the commencement of this action.” The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and defendant answered. In her amended answer she admitted the separation alleged, and set up five affirmative defenses,…