Fischer v. Fischer

TEIGEN, Judge.

I dissent.

We granted a rehearing in this case and have now heard the rearguments of counsel. The majority of this court has adhered to the original opinion; however, I feel that the trial court did not accomplish that which it attempted to accomplish in the division of property between the parties and that the judgment should be modified.

This is an action for divorce commenced by the plaintiff. The defendant cross-claimed and prayed that a divorce be granted to her. In order that the case could be expeditiously tried, the plaintiff withdrew his complaint and permitted the…