Russell v. Russell

OPINION

PRESLAR, Justice.

This is a divorce action in which the appellant-husband was awarded a divorce on his cross action; two children were awarded him, three were awarded the ap-pellee-wife, and a division of community property was made. Custody of the children is the real issue between the parties, and trial procedural questions are presented. We are of the opinion that the cause should be remanded for another trial.

On the day set for trial, July 9th, the defendant cross-plaintiff husband appeared with his attorney, and the plaintiff wife appeared only by her attorney. Plaintiff’s attorney…