Rackett v. Rackett

Plaintiff brought this action for divorce on the ground of cruelty. To her amended complaint, defendant put in a general denial. The trial court entered judgment dismissing the action, from which plaintiff appeals.

Respondent has moved to strike the statement of facts and affirm the judgment on the ground that the statement of facts was certified within ten days after it was served and filed. From the record, it appears the statement of facts was filed on December 5, 1939. On the same day, appellant’s counsel gave notice to respondent’s attorney that he would call the statement up for…