Field v. Field

This libel for divorce comes before us by appeal from a final decree entered in the Probate Court. *550There is no report of evidence and no finding of material facts by the judge. The case stands substantially on the same footing as an appeal from a final decree in equity and is subject to the same principles as to disposition. Drew v. Drew, 250 Mass. 41, 43. The part of the final decree material to the issues here- argued is that “After a full hearing ... It is decreed, that said libel be hereby dismissed without prejudice.”

It is contended in behalf of the libellee that the dismissal of the…