Mayer v. Mayer

This is a divorce action by a husband with a counterclaim for separate maintenance. The trial court found that the parties had been reconciled since the filing of the suits, and of its own motion dismissed the wife’s cross-complaint, and on the husband’s motion dismissed the complaint. The appeal is prosecuted on behalf of the wife. Her counsel made a motion to vacate the decree and incorporated in the motion by reference a verified petition of defendant, in which she admitted resumption of marital relations since the suits were filed. The petition claimed that the complaint should not have…