Tracy

This is an appeal from an interlocutory decree of divorce but errors laid to the trial court go to the exercise of its discretion in denying plaintiff-appellant’s motion for a new trial.

Plaintiff wife brought an action for divorce and defendant husband filed a cross-complaint seeking like relief. When the matter came on for trial counsel for the parties met with the judge in chambers, after which stipulations were placed of record to give wife 60 per cent of the real property and all household furnishings, the husband to receive 40 per cent, and a 1952 Cadillac automobile. They also agreed on the amount of support payments to be provided by defendant. Defendant agreed individually and through counsel to the stipulated property settlement, to custody of the minor children of the parties being awarded to plaintiff, and that he would not introduce evidence on his own behalf on the issue of divorce. Findings of fact were waived. Plaintiff put on her evidence and an interlocutory decree of divorce was entered in her favor. With respect to the property settlement plaintiff was asked the following question by her counsel: “Q. You heard the stipulation entered into between the attorneys…