McCanliss v. McCanliss

Order, in so far as appealed from, reversed upon the law and the facts, with ten dollars costs and disbursements, and so much of the motion as was denied, granted, with ten dollars costs. We are of opinion that the defense of voluntary cohabitation with full knowledge of the facts is one upon which defendant has the affirmative, and she is, therefore, entitled to examine plaintiff before trial to establish that defense. Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur.