Derringer v. Derringer

MAUGHMER, Commissioner.

This is an appeal from a judgment order modifying a divorce decree with respect to custody of a minor child. Appellant correctly points out that in this state a divorce action is a statutory suit at law and not in equity, but it does partake of the nature of a suit in equity and is considered de novo on appeal. It is our duty to consider, weigh and evaluate all the competent evidence tending to prove or refute the essential factual issues and reach our own findings. In doing so, we are not bound by the trial court’s findings, but we do accord those findings deference,…