Potvin v. Potvin
| Decision Date | 28 March 1929 |
| Docket Number | 27,046 |
| Citation | 224 N.W. 461,177 Minn. 53 |
| Parties | AXEL E. POTVIN v. MINNIE POTVIN |
| Court | Minnesota Supreme Court |
Defendant appealed from a judgment of the district court for Hennepin county, Reed, J. granting plaintiff an absolute divorce and decreeing the payment by him of alimony and attorney's fees. Affirmed.
Questions reviewable when no motion for new trial or exceptions to rulings at the trial.
1. On appeal from a judgment after trial by the court, no motion for a new trial having been made and no errors in rulings or proceedings at the trial being involved, the questions for review are limited to a consideration of whether the evidence sustains the findings of fact and whether such findings sustain the conclusions of law and judgment.
Defendant was guilty of cruel and inhuman treatment of plaintiff.
2. The evidence here sustains the findings of fact, and such findings sufficiently sustain the conclusions of law and judgment.
Judgment claimed as res judicata was not considered by the trial court.
3. A judgment, claimed to be res judicata, is not shown to have been pleaded as such nor to have been received in evidence or considered by the trial court.
John G. Priebe, for appellant.
Louis Solem, for respondent.
Appeal by defendant from the judgment.
Plaintiff brought this action for divorce on the ground of cruel and inhuman treatment. The action was commenced in December, 1926, tried in November, 1927, and judgment entered January 13, 1928. By the judgment plaintiff was granted an absolute divorce from the defendant and was required to pay to her as alimony the sum of $2,000, payable in monthly instalments of $30 per month, beginning on February 1, 1928. He was also required to pay to defendant's attorney, as attorney's fees, the sum of $200 in monthly payments of $25, beginning on March 1, 1928. A motion was thereafter made to strike out and amend the findings of fact and conclusions of law and to amend the judgment so as to grant judgment in favor of defendant, denying plaintiff a divorce and granting attorney's fees to defendant's attorney, on the ground that the evidence did not sustain the findings and judgment. The motion was denied. The present appeal was taken in June, 1928.
1. No motion for a new trial was made. No errors in rulings or proceedings at the trial are presented by the appeal. The assignments of error are directed only to the refusal of the court to strike out parts of and amend the findings of fact conclusions of law and judgment. The questions raised by the appeal are limited to a consideration of whether the evidence reasonably sustains the findings of fact and whether the conclusions of law and judgment are sustained by the findings of fact. Cincinnati...
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