Kastner v. Kastner

The question is whether on findings entitling one party to a decree of divorce at’ or after a fixed statutory period, of which that party did not make avail, the court at the instance of the other party may grant the decree. The trial court’s answer is reflected in a decree entered at such instance.

It appears that March 13, 1928, plaintiff in error prevailed in an action for divorce against defendant in error, and findings were entered to the effect that at the expiration of six months she “will be entitled to a decree of divorce;” that September 15,1928, on request of defendant in error, the…