Gardner v. Gardner

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal by the wife (defendant-appellant) in a divorce action from an order of the trial court granting the husband (plaintiff-appellee) a divorce, a division of property, and custody of their two minor sons. The wife’s cross petition for a divorce and child custody was denied.

The question presented is whether the trial court’s decision was contrary to the law and the evidence.

The record discloses that during the trial to the court and at the close of the husband’s case, the wife demurred to the husband’s evidence. The demurrer…