Dion v. Dion

The plaintiff brought an action for divorce on the grounds of intolerable cruelty and desertion, to which the defendant pleaded a denial, and recrimination. The case was referred to a state referee to hear the evidence and report the facts to the court. He held hearings and rendered a detailed report finding the issue of intolerable cruelty in favor of the plaintiff. On the day the report was filed the defendant had secured permission from the court to amend her defense and plead condonation, as there had been evidence at the hearing tending to support such a defense. The court recommitted…