Sybilrud v. Sybilrud

Stone, Justice.

Defendant appeals from a judgment awarding his wife an allowance for separate maintenance.

By her complaint plaintiff asked a decree as for separate maintenance. In his answer defendant formally admitted the separation (there had been a prior action for divorce, brought by defendant, in which the divorce was denied) and that the parties were '“uncongenial and * * * unable to live together and * * * •should be separated and live apart.” Defendant’s prayer for relief invited an “order for separation and separate allowance for support money of the plaintiff,” asking in addition…