Zipper v. Zipper

This is an appeal by the defendant, Charles Zipper, from a decree of separation from bed and board. There are seven assignments of error; however, it is necessary for us to discuss only the first since it is decisive of the case. The assignment follows:

“The court was without jurisdiction, after the expiration of its June term, to set aside and vacate the original decree of divorce obtained by respondent on July 21, 1948, and to allow her on motion, during the January term, to file an amended complaint.”

Following is the chronology of events: On July 21, 1948, plaintiff, Grayce G. Zipper, filed…