Sobai v. Sobai

Opinion by

Hirt, J.,

In this divorce action the lower court, when the case was first before it, sustained exceptions to the Master’s report and dismissed the libel on November 18, 1942. In libellant’s appeal to this court from that decree, we entered an order of non pros, on September 28, 1943, for want of due prosecution. On October 11, 1943, the record with our order was remitted to the lower court. On July 14, 1944, upon petition of libellant, convincing us that an injustice had been done, we referred the case back to the lower court “for the purpose of taking such additional testimony as…