Schmutzer v. Schmutzer

OPINION

By the Court,

McNamee, C. J.:

This is an appeal from an order modifying a judgment and decree of divorce.

Appellant was the plaintiff and respondent was the defendant in the lower court. They were divorced on August 1, 1955. In addition to dissolving the marriage, the decree awarded custody of the two minor children to the plaintiff wife, required defendant to pay plaintiff $300 per month for the support of the children, and made a division of the property of the parties.

The dwelling house of the parties was awarded to the wife as her sole and separate property with the express proviso…