Shirley v. Shirley

KANNER, Chief Judge.

Final decree of divorce was entered in favor of the appellee husband with the court finding that the appellant wife had been guilty of adultery. The appeal is from this determination, the basis therefor being that in a prior action by the appellant the adultery offense had been adjudicated. The appellee will be referred to as the husband, and the appellant, the wife.

This was a divorce action filed by the husband on the grounds of extreme cruelty and adultery. The wife interposed an answer denying the acts alleged and raised the defense of res judicata as to the extreme…