Lauterbach v. Lauterbach

Opinion by

Flood, J.,

The plaintiff husband filed a complaint in divorce in Delaware County, on October 23, 1961, which was returned “not found”. On July 25, 1962, he filed an order of discontinuance. Between those dates his wife was declared incompetent and a guardian of her estate was appointed. On August 6, 1962, the husband filed a new complaint in the State of Alaska. Thereupon the wife’s guardian, on September 24, 1962,' filed a rule to vacate the discontimiánce in the first action in the Delaware County court. Following answer and hearing, the order to discontinue was stricken off by the…