Elmer v. Elmer

delivered, the opinion, of the Court.

Plaintiff in error (defendant below) will herein be referred to as the husband, and defendant in error (plaintiff below) will herein be referred to' as the wife.

In September, 1953, the wife instituted a divorce action against her husband and prayed for temporary and permanent alimony, division of property and counsel fees.

The husband withdrew the cross-complaint he had filed and allowed the cause to proceed as a non-contested divorce action, and on March 11, 1954, an interlocutory decree of divorce was entered. On the same day, by separate order, the trial…