Reese v. Reese

Calhoun, Judge:

This case, which is before this Court on certification by the Circuit Court of Marion County pursuant to the provisions of Code, 1931, 58-5-2, as amended, involves an action for separate maintenance instituted in that court by Opal Reese against Odie M. Reese, her husband. The questions certified were submitted for decision on written briefs of counsel for the respective parties, oral argument having been waived.

The questions presented for decision were raised in the trial court by a motion filed by the defendant husband., pursuant to Rule 12 (b) (6) of the Rules of Civil…