Scanga v. Scanga

Opinion by

Reno, J.,

The husband sued for a divorce alleging cruelty and indignities, and by an amendment the charge of desertion was added. At the hearing before a judge without a jury only the charge of desertion was pressed. A divorce was granted upon that ground.

The wife appealed and, after the expiration of the term and after he had notice of the appeal, the hearing judge vacated the decree. Later, on November 21, 1949, he entered an order refusing a decree and dismissing the complaint. In the opinion accompanying the order he explained his action: “After hearing the case, counsel was…