Citation Numbers: 53 Minn. 181
Judges: Dickinson, Vanderburgh
Filed Date: 5/5/1893
Status: Precedential
Modified Date: 9/9/2022
The order overruling the demurrer to the complaint should be sustained.
I. There is no improper joinder of different causes of action. Facts which would entitle the plaintiff to a limited divorce only may be pleaded with those showing a cause of action for an absolute divorce, and relief in both forms may be sought alternatively. Wagner v. Wagner, 36 Minn. 239, (30 N. W. Rep. 766,) and cases cited.
2. The complaint undoubtedly sets forth two sufficient grounds upon which at least a limited divorce may be granted. One of
Again, it is well pleaded that the defendant has abandoned the plaintiff, and has neglected and refused to provide for her. This is also a cause for a limited divorce or separation, under the statute cited, even though the abandonment was not continued for such length of time as to entitle the plaintiff to an absolute divorce.
Since the- complaint sets forth such causes of action, the general demurrer to it was properly overruled, -whether or not it can be regarded as well pleading cruel and inhuman treatment in other particulars. First Nat. Bank of St. Paul v. How, 28 Minn. 150, (9 N. W. Rep. 626.) Whether the complaint is sufficient in that respect we will not now decide, it being unnecessary, and it not appearing that the matter has been considered or decided by the district court.
Order affirmed.
(Opinion published 54 N. W. Rep. 1056.)