Is a husband's claim that he and his wife have agreed to live separate, and that they have paid her an allowance?
Saskatchewan, Canada
The following excerpt is from Camrud v. Camrud and Minor, 1927 CanLII 187 (SK CA):
In Spering v. Spering (1863) 3 Sw. & Tr. 211, 32 LJ.P. 116 (164 E.R. 1255) in answer to a wife’s petition for restitution of conjugal rights, the husband’s answer alleged that he and his wife had agreed to live separate, and that he should make her an allowance, and that they had lived separate for several years and the allowance had been paid. It was held on demurrer that such an agreement was no bar to the plaintiff’s suit.
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