Terhune v. Terhune

By the court, Loew, J.

This action was brought by the wife for a limited divorce on the ground of cruel and inhuman treatment on the part of the husband. The answer denies the charges of cruelty, &c., contained in the complaint, and as a further and separate defense alleges on information and belief that the plaintiff committed adultery with various persons therein named, and concludes with a demand that the complaint be dismissed. The plaintiff demurred to that part of the answer which sets up her adultery as a defense. The demurrer was overruled at special term, and the plain» tiff thereupon…