Billings v. Billings

The opinion of the court was delivered by

Price, J.:

This appeal arises out of the disposition of property rights in a divorce action.

The primary question concerns the power of the lower court to vacate or modify its former decree in an action for separate maintenance and to make a different disposition of the property of the parties in a subsequent divorce action. The appellant wife was plaintiff in both actions and here the parties will be referred to as in the court below.

The factual background of the controversy, sufficient for our purposes, is in substance as follows:

The parties were…