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Hughes, Rupert, 1872-1956

"We Can't Have Everything"

She felt herself a fool for having
brought the ordeal on herself. She took not even self-respect with
her to the chair of torture.


CHAPTER XI
In the good old days of Hester Prynne they published a faithless
wife by sewing a scarlet "A" upon the bosom of her dress. Nowadays
the word is pronounced "co-respondent," and it may be affixed to any
woman's name by any newspaper, or any plaintiff in a divorce case.
So fearful a power was so much abused that since 1911 in New York the
co-respondent has been permitted to come into the court and oppose
the label. It is in sort a revival of the ancient right to trial by
ordeal. This hideous privilege of proving innocence by walking unshod
over hot plowshares is most frigidly set forth in the statute where
the lawyer's gift for putting terrible things in desiccated phrases
was never better shown than in Section 1757.
In an action brought to obtain a divorce on the ground of adultery,
the plaintiff or defendant may serve a copy of his pleading on the
co-respondent named therein. At any time within twenty days after
such service on said co-respondent he may appear to defend such
action, so far as the issues affect such co-respondent. If no such
service be made, then at any time before the entry of judgment any
co-respondent named in any of the pleadings shall have the right,
at any time before the entry of judgment, to appear either in person
or by attorney in said action and demand of plaintiff's attorney a
copy of the summons and complaint, which must be served within ten
days thereafter, and he may appear to defend such action, so far
as the issues affect such co-respondent.


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