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SCHMITT v. SCHMITT

9 N.J. Super. 470 (1950)

75 A.2d 480

LOUIS SCHMITT, PLAINTIFF, v. CATHERINE SCHMITT, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided August 31, 1950.

Attorney(s) appearing for the Case

Mr. Joseph P. Hanrahan, attorney for plaintiff.

Mr. August W. Heckman, attorney for defendant.

HEGARTY, A.M.

The question here involved is whether plaintiff may amend his complaint for divorce to set forth an act of adultery alleged to have occurred since the filing of the answer to the original complaint. Before the new Rules were adopted it appears that the proper procedure was to dismiss the original complaint and institute a new action. Smith v. Smith, 21 N.J. Misc. 273, and cases cited therein. However

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