Kelley v. Kelley

Magney, Commissioner.

Plaintiff prevailed in a divorce action. She appeals from the judgment entered. However, the only part of the judgment questioned involves the refusal of the court to award alimony. No motion for amended findings or a new trial was made.

Plaintiff, Eda Carrie Kelley, age 39, and Robert Stuart Kelley, age 52, were married January 8, 1942. Suzanne, their only child, was bom February 5, 1947. The complaint charged cruel and inhuman treatment. Defendant filed an answer and cross-claim but, at the trial, they were withdrawn, and plaintiff proceeded to prove up her cause of…