Smith v. Smith

Dissenting Opinion.

Dissenting opinion of Kime, P. J., in which Wiecking, J., concurs.

With the statement that where there has been an adjudication and a final determination by a competent tribunal the matter is considered forever at rest, I have no quarrel, but the dissension arises as to what was adjudicated in the first divorce suit. In the first suit filed by the husband he alleged that his wife had abandoned him and that because she had abandoned him he was entitled to a decree of divorce. To this complaint the wife filed an answer of general denial.

To determine what the court adjudicated…