Oertel v. Oertel

Backes, Y. C.

This motion is to open a final decree for maintenance on the ground that the husband is now ready to resume relations with his wife and treat her with conjugal 'kindness.

*328The decree was entered November 2d, 1914, on an issue presented by the pleadings, that the defendant “without justifiable cause abandoned his wife and refused and neglected to maintain and provide for her.” The issue was not tried, a consent decree being entered for alimony.

To the petition of the defendant for a restoration of the marital rights, or that the decree be set aside, the complainant sets up that since…