Mies v. Mies

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in a partition action which is the aftermath of a divorce proceeding.

The pertinent facts necessary to sustain our decision on appeal may be stated as follows: More than 60 days prior to February 17, 1971, Doris Jean Mies (plaintiff-appellee) filed a petition for separate maintenance against her husband Allen Edward Mies (defendant-appellant). The matter was assigned for hearing on the 17th day of February 1971, and the defendant was in default of pleading or appearance. There was an indication in argument on this appeal…