Wagner v. Wagner

Plaintiff complains that the allowance to the wife of one third of the net assets of the parties is so excessive as to be an abuse of discretion, where the wife is the offending party. In its written opinion determining the issues, the trial court states that the parties agreed to have the action tried as a default divorce case for the convenience of the husband and under such circumstances the court “did not intend to hold against the wife whatever misconduct on her part was shown by the testimony, or to penalize her therefor in the division of the property.” Appellant submits that the court…