Overly v. Overly

SEBRING, Justice.

The appellant, , James H. Overly, in March 1952, filed a bill of complaint for divorce against appellee, Virginia Overly, in Duval County, Florida, on the ground of extreme cruelty. The wife filed affirmative defenses setting up the pendency of a Wisconsin divorce action instituted by her in June 1951 on the same grounds asserted by the plaintiff in the Florida suit. In the Wisconsin proceeding personal service was had upon the appellant, and he filed an answer therein prior to the time he instituted his suit in Florida.

Testimony in the Florida suit was taken before a Master,…