130 Minn. 342 | Minn. | 1915
Plaintiff and defendant were married in July, 1912. This action was commenced by plaintiff, in December of the same year for a limited divorce under R. L. 1905, § 3598,
Plaintiff assigns two grounds for a reversal of the order appealed from: (1) That the trial court erred in permitting defendant to amend his answer so as to ask for an absolute divorce; (2) that the decision is not justified by the evidence.
1. We dispose of the claim that the court abused its discretion in permitting the amendment to the answer by saying that the record discloses that plaintiff, while objecting at first, finally in effect consented to this amendment upon its being understood that the court would in its final decision “cover the matter of temporary alimony.” The issue raised by the amended answer was tried by consent.
2. Passing the point made on the insufficiency of the second assignment of error in not challenging any specific finding of the trial court, we think that the evidence, though conflicting, is sufficient to sustain the finding that plaintiff was guilty of wilful desertion, unless it must be held that the time during which this action for a separation was pending is not to be reckoned as any portion of the time which, under our statute, must expire before an action for divorce on the ground of desertion can be commenced. The desertion period began September 26, 1912. This action for a limited divorce alleging desertion by defendant on that date, abandonment and non
Order affirmed.
[G. S. 1913, § 7135.]