Short v. Short

Layton, C. J.:

The demurrer is based upon an alleged misjoinder of causes of action. It is urged, and it appears to be the general rule that, in an action for divorce, a cause of action with respect to property interests not arising out of the marital relation cannot be joined with the cause of action for divorce. 17 Am. Jur. 308; 19 C. J. 107; 7 Am. & Eng. Ency. Pl. & Pr. 83; Reed v. Reed, 70 Neb. 775, 98 N. W. 76; Peck v. Peck, 66 Mich. 586, 33 N. W. 893.

In addition to the alleged cause of action for divorce, and the prayers for relief in connection therewith, there are averments from which…