Hagerty v. Hagerty

In June, 1920, plaintiff filed her bill for divorce, praying a separate maintenance on the ground of non-support. Defendant answered; denying, the material allegations. Hearing was had and the chancellor granted plaintiff’s prayer for separate maintenance and awarded her money and property aggregating about $5,000. The decree was filed January 16, 1922. While the appeal to this court was pending, and on December 16, 1922, plaintiff died.

The defendant contends:(1) The death of the plaintiff terminated the case, and the bill of complaint should be dismissed.(2) The court should not have decreed…