Morrison v. Morrison

Pending the wife's contested suit for separate maintenance and immediately prior to the day fixed for the final hearing of the cause a reconciliation was effected, partly through the efforts of the wife's solicitor. He now applies for the allowance of costs and counsel fee against the defendant husband and (incidentally) for an order dismissing the bill.

The motion to dismiss is not opposed, and will be granted. The cause of action having ceased to exist because of the reconciliation, the suit has been terminated. Byrne v. Byrne,93 N.J. Eq. 5; Wilson v. Wilson, 14 N.J. Mis. R. 33, 47.

The…