Hoffer v. Hoffer

In a divorce action an interlocutory decree in favor of plaintiff wife, defendant in error here, was entered July 23, 1948. January 6, 1949, the defendant, now plaintiff in error, filed a motion to vacate the interlocutory decree, stating: “That since the entry of the interlocutory decree the parties hereto have resumed relationship of husband and wife.”

January 24, 1949, the motion mentioned came on for hearing, and evidence was introduced. Defendant testified that on July 24 and 25, following the date of the entry of the interlocutory decree, there were marital relations between the parties.…