Farrell v. Farrell

WALTER, Justice.

Our Opinion of June 21, 1963, is withdrawn and the following is substituted therefor:

Eleanor Farrell filed suit against Dean F. Farrell for a divorce, custody of their children and for a determination of their property rights. When the plaintiff rested, the defendant filed a motion for an instructed verdict. The court withdrew the case from the jury and granted plaintiff a divorce and custody of their children. He also divided the property. Eleanor Farrell has appealed from such judgment.

She contends that fact issues were made by the pleadings and the evidence on the issue of…