Burgher v. Burgher

This motion presents a question of law which apparently has not heretofore been directly passed upon by the courts of this State.

On November 24, 1944, the plaintiff was granted an interlocutory decree of divorce containing the usual provisions that it was to “ become absolute as of course at the expiration of three months from the entry thereof, unless, in the meantime, it be reversed, modified or vacated.” The decree was entered January 2, 1945, and hence, would have become final, except for this motion, on April 2, 1945. The motion is based upon allegations of adultery on the part of the…