Webster v. Webster

Plaintiff appeals from that portion of an interlocutory decree of divorce which fixes and determines the property rights of the parties. The appeal is on the judgment-roll alone.

On January 14, 1929, the plaintiff instituted an action for separate maintenance to which the defendant in due time filed an answer. Defendant also cross-complained for a divorce. Thereafter, and in the early stages of the trial, plaintiff was granted leave to file a supplemental complaint for divorce upon the ground of extreme cruelty. Defendant did not file a written answer thereto, it being stipulated in open court…