Horton v. Horton

Wright, P. J.,

This matter involves a question of pleading in divorce. The libel sets forth that the parties, were married in 1928 and from that time until 1939 lived and cohabited together as husband and wife. It is then alleged that respondent committed adultery in 1937. After the customary rule for counsel fees had been disposed of, respondent requested a bill of particulars, which was filed. Respondent now demurs to the libel on the ground that it fails to allege a valid cause for divorce. Her counsel contends that, since the adultery is alleged to have occurred in 1937 and since it is…