Milliken v. Milliken

This is a petition for an absolute divorce brought on the authority of G. L. 1956, §15-5-1. It was heard by a family court justice who granted the respondent’s motion to dismiss after the petitioner had rested but the respondent had not. The case is before us on both the petitioner’s bill of exceptions to and his appeal from the granting of the respondent’s motion to dismiss.

This dual posture resulted from petitioner’s uncertainty as to the proper procedure for review in this court. At that time it was by way of a bill of exceptions but when argued in this court was by way of an appeal…