Hopper v. Hopper

OPINION

By the Court,

McNamee, J.:

This is an appeal by a wife from a judgment granting her husband a divorce.

*87The complaint was filed December 8,1961. The answer thereto was filed January 8, 1962. Trial was set for March 12, 1962. On March 7, 1962, on the wife’s motion supported by an affidavit that she was ill, the setting was vacated and the trial reset for May 8, 1962. On the latter date the action came on for hearing without the presence of the wife. The attorneys for the parties at that time stipulated to perpetuate the testimony of the husband’s resident witness, and at the same time…