Butts v. Butts

Plaintiff was granted a divorce from her husband on August 19, 1952. The decree contained a provision awarding to the defendant plaintiff’s interest in partnership property belonging to the parties. This the court had no authority to do. Polanski v. Polanski, 193 Or 429, 238 P2d 739.

We cannot consider the other matters raised on the appeal for the reason that there is no transcript of testimony before us.

The decree will he modified deleting from the same that portion awarding to the defendant the plaintiff’s interest in the partnership property aforesaid.

Costs to the plaintiff.