Drane v. Drane

McAvoy, J.:

Plaintiff moved to strike out a counterclaim interposed by the defendant, who is his wife, and whom he is suing for divorce on the ground of adultery. The counterclaim demands a judicial separation alleging cruel and inhuman treatment. The defendant *218and the plaintiff had prior to the commencement of this action entered into a separation agreement for the support and maintenance of the defendant, which defendant has accepted and which plaintiff has fully performed by payments according to its terms. Under these circumstances the defendant is barred from interposing such a…