Cooke v. . Cooke

BROWN, J., concurring; WALKER, J., dissenting; ALLEN, J., concurring in dissenting opinion. After stating the case: Subject to the constitutional restriction that "it may not grant a divorce nor secure alimony in any individual case" (Const., Art. II, sec. 10), the question of divorce is a matter exclusively of legislative cognizance, and in the exercise of its powers over the subject the General Assembly of 1907 (chapter 89) added a new cause for absolute divorce, as follows: "If there shall have been a separation of husband and wife, and they shall have lived (275) separate and apart for…