Thurston v. Thurston

According to our practice in libels for divorce, the usual form of a final decree against the libellant is, that the libel be dismissed. In this respect it is like a final decree against a plaintiff in equity. If it is not intended to be a bar to a new libel for the same cause, the decree is, that it be dismissed without prejudice. The decree in the former ease was therefore a bar to the present libel, if it is for the same cause.

Whether the cause of complaint be the same in two cases cannot always be ascertained from the pleadings. It is sometimes necessary to hear evidence on the subject.…