Jacobs v. Jacobs

Carswell, J.(1) Plaintiff (husband) has begun an action for annulment of his marriage with the defendant (the wife). Upon the return day of a motion for alimony and counsel fee, or the day before by a short order to show cause, he moved to discontinue his action, apparently to head off the previously initiated motion of defendant. He claims he has the right to do so on the payment of taxable costs to date.

The wife claims that certain previous actions brought by one of these parties against the other for divorce or separation, or both, were discontinued upon the representation that the issue…