Gifford v. Lawton

DAVISON, Justice.

John G. Lawton as plaintiff sued his wife Mary L. Lawton, now deceased, for divorce. A decree of divorce was awarded to the defendant wife January 21, 1967, on her cross-petition. The parties will be referred to by their trial court designation.

As a preliminary to deciding the case on its merits it is necessary to pass on a motion by plaintiff to dismiss the appeal based on the theory of estoppel, asserting that the defendant, and, subsequent to her death her personal representative, have accepted benefits under the trial court judgment. The motion to dismiss is denied on the…