Des Champlain v. Des Champlain

Michigan Supreme Court

Des Champlain v. Des Champlain

129 N.W. 702, 164 Mich. 511, 1911 Mich. LEXIS 719

CourtMichigan Supreme Court

DecidedFebruary 1, 1911

DocketDocket No. 32

StatusPublished

Cited by1 cases

This text of 129 N.W. 702 (Des Champlain v. Des Champlain) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Des Champlain v. Des Champlain, 129 N.W. 702, 164 Mich. 511, 1911 Mich. LEXIS 719 (Mich. 1911).

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Opinion

Blair, J.

This is an appeal from a pro .confesso decree of divorce; a petition for rehearing having been, denied by the circuit judge. The only point made in this court is that the award of alimony was excessive.

It appears from the record that the home and household furniture awarded to complainant comprise substantially all of the property of defendant, and that the circuit judge may have been influenced in making the award by statements of counsel, doubtless made in perfect good faith, that the officer who served the subpoena reported to him that ‘ ‘ if she wanted to get his house she was welcome to it.” We deem this to be a proper case to apply the practice adopted in Ferguson v. Ferguson, 145 Mich. 290 (108 N. W. 682).

The decree is affirmed, except as to the award of alimony, and the case is remanded for a rehearing upon that subject, with costs to complainant.

Ostrander, O. J., and Bird, Hooker, and Brooke, JJ., concurred.

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Blair, J.

This is an appeal from a pro .confesso decree of divorce; a petition for rehearing having been, denied by the circuit judge. The only point made in this court is that the award of alimony was excessive.

It appears from the record that the home and household furniture awarded to complainant comprise substantially all of the property of defendant, and that the circuit judge may have been influenced in making the award by statements of counsel, doubtless made in perfect good faith, that the officer who served the subpoena reported to him that ‘ ‘ if she wanted to get his house she was welcome to it.” We deem this to be a proper case to apply the practice adopted in Ferguson v. Ferguson, 145 Mich. 290 (108 N. W. 682).

The decree is affirmed, except as to the award of alimony, and the case is remanded for a rehearing upon that subject, with costs to complainant.

Ostrander, O. J., and Bird, Hooker, and Brooke, JJ., concurred.

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Bluebook (online)

129 N.W. 702, 164 Mich. 511, 1911 Mich. LEXIS 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/des-champlain-v-des-champlain-mich-1911.

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