Trimble v. Trimble

Murphy, District

Judge, dissenting.

I respectfully dissent from the majority opinion herein, and in that connection I submit the following observations.

The question of the constitutionality of the applicable statutes, particularly sections 42-318 and 42-321, R. R. S. 1943, to the extent they may function as limitations upon the broad chancery powers of the district courts (Article V, section 9, Constitution of Nebraska) is a question which suggests itself, but was neither presented nor determined in the trial court, and which has not been presented here. In her brief, plaintiff relies upon…