Zellner v. Zellner

The opinion of the court was delivered by

Wedell, J.:

This was a divorce action and defendant, the husband, appeals.

The appeal is from an order of the court sustaining plaintiff’s mo*531tion to strike the case from the docket, including defendant’s answer and cross petition.

The action was originally filed by the wife May 19,1936, in the district court of Elk county. In that action plaintiff sought a divorce, alimony, division of property and the custody of two minor children. The parties had entered into a written agreement for the division of their property, both real and personal. In…