Rosenbaum v. Rosenbaum

SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING

Mr. JUSTICE HAYES1

delivered the opinion of the court:

The first contention urged in the petition for rehearing is that this court erred in reversing outright the judgment of the trial court for divorce in favor of plaintiff-appellee-petitioner (hereinafter plaintiff), rather than reversing and remanding the cause for a new trial. The basis for the contention is as follows: plaintiff’s original complaint was for partition of the marital residence, title to which was held in joint tenancy by plaintiff and defendant-appellant (hereinafter defendant);…