Majority
p. 107Virginia B. Morgan vs. Norris C. Morgan (October 11, 1920.) Hbisel, J., sitting. Superior Court for New. Castle County, September Term, 1920. Divorce, No. 109, September Term, 1919.
Headnote
Divorce — Final Decree Entered After one Year Subsequent to Decree nisi Upon Any Partv’s Application.Under Rev. Code 1915, § 3026, a divorce decree nisi becomes absolute, unless otherwise ordered, after the expiration of a year, and after such time a final decree will be entered upon application of plaintiff or of any other party.
Philip L. Garrett for plaintiff.
G. Dare Hopkins for defendant.
Action of divorce by Virginia B. Morgan against Norris C. Morgan. Decree ñisi was granted September 15, 1919, and after the expiration of one year from the entry thereof; on motion of defendant for final decree. Pinal decree ordered.
Counsel for defendant moved for final judgment. Counsel for plaintiff contended that final judgment could be entered only upon application of plaintiff.
Section 3026, Code 1915, provides that after the expiration of one year from the entry of the decree nisi such decree shall become absolute, unless otherwise ordered by the court before the expiration of said year.
The decree nisi in this case having been granted on September 15, 1919, and the court not having otherwise ordered, said decree became absolute on the 15th day of September, 1920.
The decree being final and absolute^ such final decree will be entered either upon the application of the plaintiff as provided by the statute, or upon the application of any other interested party.
Let the final decree be entered.