176 Mich. 379 | Mich. | 1913
A decree of divorce was granted upon the cross-bill of defendant December 3, 1910. The cause was contested, and the decree was upon the merits. No provision for alimony was made, and no reference made in the decree to property rights. The parties were then, and for some time had been, separated. On the 11th day of June, 1912, complainant filed in the court, and apparently in the cause, a petition in which it is asserted that, upon the pleadings and proofs in the divorce suit, no decree ought to have been granted to defendant, and, if it ought to have been granted to either party, the decree is erroneous because the court failed to settle property rights. It is prayed that the cause be reheard. A rehearing was denied; the court in a written opinion
The appeal is therefore dismissed; and, as the jurisdictional question is not raised by defendant, and no motion to dismiss the appeal was made, the costs awarded to complainant are limited to a solicitor’s fee of $20.
