69 N.W. 47 | N.D. | 1896
The motion to dismiss appeal must be granted. The appeal is from a judgment rendered in an action for divorce. Findings of fact and conclusions of law having been waived, the court made its order for judgment in the following form: “Ordered that a final decree be entered herein, absolutely vacating and dissolving the bonds of matrimony formerly and now existing between the parties hereto, and absolutely divorcing said parties each from the other. It is further ordered that said
We have considered this question on the theory that the judgment is adverse to the defendant on the subject of divorce, for it is only on that theory that she has any standing here to complain of it in that regard. The position of the defendant before this court is that she has been defeated in a divorce action on the main point of dissolution of the marital relation, the decision being in favor of the plaintiff for a divorce, and, on the basis that this condition is to continue, has been awarded a gross sum of money in lieu of all her former claims upon the plaintiff as his wife; and yet she insists that she can secure the fruits of this decision, so far as favorable to her, and at the same time be allowed to overthrow the other portions of the decision with
Having reached the conclusion that the appeal should be dismissed, the other questions discussed are not before us for decision.
The order of the court is that the appeal be dismissed.