SEMELY v. SEMELY


113 N.J. Super. 411 (1971)

274 A.2d 57

DIDI'EE SEMELY, PLAINTIFF-APPELLANT, v. JOSEPH SEMELY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 1971.


Attorney(s) appearing for the Case

Mr. Sidney Slauson argued the cause for appellant (Messrs. Slauson and Marks, attorneys).

Mr. Roscoe L. Lamb argued the cause for respondent (Messrs. Ferro, Lamb & Kern, attorneys).

Before Judges CONFORD, KOLOVSKY and CARTON.


The opinion of the court was delivered by CONFORD, P.J.A.D.

Plaintiff brought an action for divorce for extreme cruelty against defendant in July 1968. During trial, on October 7, 1969, the trial court granted defendant's informal motion for leave to counterclaim for divorce for plaintiff's alleged desertion constituted by her continued refusal since February 1967 and for two years thereafter to have sexual relations with him. The propriety of that action of the court...

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