McMurtrey v. McMurtrey

TAYLOR, Justice.

The parties were divorced by decree August 12, 1960. The decree was entered against defendant (respondent) by default, and upon stipulation signed by the parties and their counsel. By the terms of the stipulation defendant consented to the entry of default, waived findings and conclusions and agreed that the custody of the minor child, a boy — three years of age at the time of the hearing on issue of custody — be awarded to the plaintiff (appellant) with right of visitation to the defendant. The community property was divided as set out in the stipulation. The plaintiff…