Tallent v. Tallent

The defendant wife appeals from an order denying her motion to vacate and set aside an interlocutory judgment of divorce in favor of the *989plaintiff. Section 1153 of the Civil Practice Act, now section 171 of the Domestic Relations Law without change, provided: “ the plaintiff is not entitled to a divorce, although the adultery is established :* * * 2. Where the offense charged has been forgiven by the plaintiff.' The forgiveness may be proven either affirmatively, or by the voluntary cohabitation of the parties with the knowledge of the fact.” The judgment was granted October 4, 1960, and…