Gavette v. Gavette

Mr. Justioe Bakke

delivered the opinion, of the court.

Action below was brought by plaintiff in error, the former wife of defendant in error, under the provisions of section 29, chapter 56, volume 2, ’35 C. S. A., Session Laws ’33, page 445, section 5, to specifically enforce a separate maintenance agreement executed by him. Demurrer to the amended complaint was overruled, answer and replication were duly filed, after which defendant moved for judgment on the pleadings, and to dismiss the action. The motion was sustained, and plaintiff in error seeks a reversal of the judgment on writ of error.

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