Heiny v. Heiny

Defendant in error was plaintiff in a suit for divorce upon the grounds of cruelty, and on the trial a jury was waived, and the case tried to the court. Findings were made in favor of the plaintiff. The defendant was ordered to pay $40 a month as alimony, $100 attorney’s fees, and judgment was entered against him for the sum of $270, money loaned him by the plaintiff. Thereafter the defendant filed a petition for a modification of the findings, setting up that the parties had stipulated as to alimony.

On the hearing on the petition it developed that the stipulation had not been signed by the…