O'Benar v. O'Benar

DIXON, Chief Justice.

Appellant Juanita O’Benar brought suit to dissolve a common law marriage and for division of property. Appellant Jack O’Benar has appealed from a judgment in appellee’s favor.

The trial began before a jury, but before the cross-examination of appellee had been concluded the parties informed the court that they had agreed on a property settlement, that appellant desired to withdraw his objections to the divorce and that they desired to waive trial by jury so that the court might pass on the facts as well as the law.

The court thereafter rendered judgment for divorce and for…