Harless v. Harless

WALDEN, Judge.

The wife appeals from a final decree of . divorce.

She was found guilty of extreme cruelty and the husband was awarded a divorce. One grievance centers upon the failure of the chancellor to find that the husband was barred from this relief by the affirmative defense pled and denominated by her as res adjudicata. This plea was based upon an earlier domestic relations proceeding in the State of Massachusetts.

The burden of proving this affirmative defense belonged to the wife. The only matter in evidence before the court supporting this defense was a copy of the Massachusetts…