Warner v. Warner

The Yice-Chanoellor.

This is a suit for divorce, founded on charges of adultery. The evidence in support of the charges leaves no doubt of their truth. Their truth is established so conclusively that I deem a reference to even the most material facts wholly unnecessary. But the proof of their condonation is almost equally strong. Eo such defence, however, is made by the ■answer. Can the defendant avail himself of it?

To enable a defendant to avail himself of condonation as a defence, he must set it up either by plea or answer. Jones v. Jones, 3 C. E. Gr. 34; Smith v. Smith, 4. Paige 432. *226Actions…