Berry v. Berry

The opinion o£ the court was delivered by

Harman, C.:

This action commenced as one by a wife for separate maintenance. It culminated in divorce granted to* the husband, division of property, alimony allowance and an award of child custody, from all of which orders the wife appeals.

Before going to the merits a preliminary matter requires con sideration. On May 2, 1974, six days prior to the date set for oral argument of this appeal, the appellee husband filed a motion to dismiss the appeal, and brief in support thereof, on the ground the wife had acquiesced in the trial court’s judgment. He had…