Deigan v. Deigan

Opinion by

Montgomery, J.,

This contested divorce action was discontinued by the plaintiff-appellee with leave of court after four hearings had been held by a master, the last of which being adjourned to a later date. It thus appears that the record of testimony was not complete. However, the final order allowing the discontinuance provided that all actions sounding in divorce which had arisen before May 4, 1961, the day on which the complaint had been filed, were res judicata. Although our review on this appeal by the defendant is limited to a determination of whether the trial judge has…