Buckley v. Buckley

The opinion of the court was delivered by

Schroeder, J.;

This is an appeal from an order of the trial court setting aside a judgment dismissing a divorce action without prejudice upon the motion of the plaintiff, and from an order made in the case after reinstatement of the action, both of which were entered in the same term of court.

The controlling question is whether a trial court may reinstate a plaintiff’s action for divorce when such action has been previously dismissed without prejudice by order of the court upon the motion of the plaintiff.

The plaintiff, Dennis Ruckley (appellant), a…