Jacoby v. Jacoby

The opinion of the court was delivered by

Dawson, J.:

This was an action for a divorce.

Plaintiff alleged that a common-law marriage had existed between herself and defendant since January 1, 1928, until the filing of this action. She charged defendant with extreme cruelty and other marital delinquencies.

Defendant denied the existence of the alleged common-law marriage, but pleaded that for a long time plaintiff had remained in the home of defendant, performing the duties of a housekeeper, and “that an illicit intimacy existed between them that was merely of a lustful nature.” Other allegations…