Stay v. Stay

Citations

• 53 Wash. 534
• 102 P. 420
• 1909 Wash. LEXIS 1360

Syllabus

<p>Divorce — Judgment—Res Judicata. A judgment dismissing an action for divorce, based on the ground of cruelty, is res judicata and a bar to another action based upon acts of cruelty that occurred prior to the time of the trial.</p> <p>Same. Where a wife left her home and at once brought action for divorce on the ground of cruelty, dismissal of the action on tlie merits and a finding that the defendant was not at fault, is res judicata and a bar to an action for a divorce on the grounds of constructive abandonment by reason of cruelty and of failure to support since the former action, in the absence of any showing that the wife attempted to return and receive support at home.</p>