Welge v. Welge

OPINION

In its opinion this court stated that “the bill of exceptions, certified to as containing all the evidence, shows no evidence on the subject of residence.” (Emphasis ours.)

The action was for divorce, and, under the statute, the court should have rendered judgment for the defendant, in the absence of some substantial evidence showing statutory residence of the plaintiff. This court ordered a new trial. Is the defendant entitled here to final judgment?

It has long been the rule of reviewing courts that action of inaction of a trial court cannot first be assigned as error in such reviewing…