Osborn v. Osborn

CARTER, J., Concurring and Dissenting.

I concur in the reversal of that portion of the judgment from which plaintiff appealed, which reads as follows: “That plaintiff take nothing by reason of his amended complaint herein and that defendant Louise L. Osborn have judgment for costs of court expended in the sum of $-,” but I dissent from the holding of the majority that the judgment against defendant *368and cross-complainant from which no appeal was taken must also be reversed. That portion of the judgment reads as follows: ‘ ‘ That cross-complainant take nothing by reason of her cross-complaint…