Darsie v. Darsie

From the portion of a judgment in an interlocutory decree of divorce awarding alimony to plaintiff, defendant appeals.

These are the essential facts:

Plaintiff filed a complaint for divorce from defendant, to which defendant filed an answer and cross-complaint. Subsequently the parties executed a property settlement agreement and stipulated that plaintiff could file an amended complaint and that the clerk of the court be authorized to set the case for trial upon the amended complaint as a default matter.

An amended complaint was filed, the prayer of which read thus :

“WHEREFORE, plaintiff prays…