Bauer
Bauer v. Bauer
Opinion
lead Opinion
Sturtevant, J.
The plaintiff commenced an action against the defendant to obtain a divorce based on the alleged cruelty of the defendant. The summons and complaint were served on the defendant and as he failed to appear his default was entered. The plaintiff’s evidence was taken before a commissioner and thereafter, on June 21, 1923, an interlocutory decree was rendered in which it was recited that a divorce ought to be granted to the plaintiff and that she was entitled to a divorce on the ground of defendant’s extreme cruelty to her and “that defendant pay to plaintiff as a suitable allowance for her support and maintenance the sum of $150 on the first day of July, 1923, and the sum of $150 on the first day of each and every month thereafter for the term of six years, and the sum of $100 on the first day of each and every month thereafter.” Thereafter no other proceedings were had until the twenty-third day of June, 1924. At that time, without taking any other testimony and basing its action solely upon the testimony theretofore taken, the trial court, on the motion of the plaintiff, entered a final decree, among other things, as follows: “And it is further ordered, adjudged and decreed that…