Emens v. Emens

SIMPSON, Justice.

The original opinion is withdrawn and this opinion is substituted on rehearing.

This appeal is by the respondent (husband) and cross-complainant from a decree of divorce granted to complainant for and on account of voluntary abandonment, awarding complainant possession and control of the real estate of the parties and custody of the minor children born during *81wedlock' and monthly payments to appellee for support of their children.

On rehearing counsel for appellant have called to our attention that we stated that the bill was filed on January 11, 1962 and the evidence showed…