Section 172. Co-respondent as party  


Latest version.
  • 1. 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 a  co-respondent  named  therein.  At  any  time
      within  twenty  days after such service, the co-respondent may appear to
      defend such action so far as the issues affect him. If no  such  service
      be  made,  then at any time before the entry of judgment a co-respondent
      named in any of the pleadings may make a written demand on any party for
      a copy of a summons and a pleading served by such party, which  must  be
      served  within  ten  days  thereafter,  and he may appear to defend such
      action so far as the issues affect him.
        2. In an action for divorce where a  co-respondent  has  appeared  and
      defended,  in case no one of the allegations of adultery controverted by
      such co-respondent shall be proven, such co-respondent shall be entitled
      to a bill of costs against the person naming him as such  co-respondent,
      which  bill of costs shall consist only of the sum now allowed by law as
      a trial fee, and disbursements.