duPont v. duPont

Wolcott, Justice,

delivering the opinion of the court:

*406This is an appeal in an action instituted in the Court of Chancery by a wife seeking separate maintenance. The husband moved to dismiss the complaint for the reason, inter alla, that the Court of Chancery lacked jurisdiction over the subject matter. The court below denied the motion to dismiss.

This appeal is taken from the denial of the motion to dismiss. The appellee moved to dismiss the appeal on the ground that the order denying the motion to dismiss the complaint was a decretal order and, as such, not appealable under the constitutional…