Eiermann v. Modenbach

HIGGINS, Justice.

The plaintiff and appellee moved to dismiss the appeal on the ground that the defendant and appellant had obtained only a devolutive appeal and, therefore, all parts of the judgment, with the exception of that part granting the divorce, were final, and as the defendant wife had failed to urge any defense against the husband obtaining the divorce there was nothing before the court to consider.

It appears that the husband instituted divorce proceedings against his wife on the grounds that he had been living separate and apart from her for more than two years and alleged that she…