Bradford v. Bradford
Bradford v. Bradford
Opinion of the Court
In a previous case plaintiff filed a bill of complaint for divorce in the Ottawa county circuit court and defendant filed an answer and cross bill. On May 17, 1948, both parties were present in court, personally and by attorneys, whereupon plaintiff withdrew her bill of complaint and defendant was permitted to proceed to hearing on his cross bill. Defendant was on that date awarded a decree of divorce. Plaintiff, present at the hearing, evidently desired the divorce but was dissatisfied with the property settlement provided for in' the decree and took an appeal here, urging that defendant had failed to make out a case for divorce. On May 18, 1949, this Court handed down its opinion in that case, reversing the decree and saying: “We find no grounds for divorce.” (325 Mich 47.) Eight days later the defendant husband returned to the home of parties, from which he had absented himself during pendency of the suit, brought in his luggage and announced that he was there to stay, in accord with the opinion of this Court. Plaintiff wife refused to permit him to stay, removed his luggage from- the house, and on that same date, May 26, 1949, commenced this suit for divorce in the Kent county circuit court. Hearing in that court was had on August 30,1949, and a decree of divorce was granted to plaintiff. Defendant is apparently as dissatisfied with the property settlement decreed in this case as plaintiff was with that in the former case and brings this appeal. He contends in his brief that no divorce should have been granted at all.
The decree of divorce is reversed. A decree may enter in this Court dismissing the cause, without costs.
Reference
- Full Case Name
- BRADFORD v. BRADFORD
- Status
- Published