Bennett v. Bennett

In 1945, plaintiff sought divorce on the ground of defendant’s extreme cruelty. On or about October 1,1946, after hearing on the merits, a decree was entered dismissing plaintiff’s bill of complaint. Plaintiff commenced the instant suit on June 5, 1948, again charging extreme cruelty of the character alleged in the previous suit; the case was heard on the merits in October of 1951 and in May of 1952 decree entered dismissing plaintiff’s bill of complaint and requiring him to pay defendant’s attorney a $1,500 fee. Plaintiff appeals.

Plaintiff claims that when decree dismissing his first suit…