Des Champlain v. Des Champlain

Michigan Supreme Court

Des Champlain v. Des Champlain

135 N.W. 824, 170 Mich. 123, 1912 Mich. LEXIS 798

CourtMichigan Supreme Court

DecidedMay 3, 1912

DocketDocket No. 1

StatusPublished

This text of 135 N.W. 824 (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, 135 N.W. 824, 170 Mich. 123, 1912 Mich. LEXIS 798 (Mich. 1912).

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Opinion

Ostrander, J.

The complainant was granted a divorce. From a decree awarding her alimony, the defendant appealed to this court, and the record was remanded to the court below to take further testimony. Des Champlain v. Des Champlain, 164 Mich. 511 (129 N. W. 702). In the court below, a further decree was entered, awarding alimony to the complainant, and from this decree the defendant has again appealed to this court.

We have examined the record, and are not disposed to disagree with the learned trial judge. We think the decree below should be affirmed; and it is affirmed, with this modification, which may or may not become important: The complainant should be required to release to the defendant her dower interest in and to any real estate which he owns. Complainant will recover the costs of this appeal.

Moore, C. J., and Steers, MoAlvay, Brooke, and Blair, JJ., concurred. Stone and Bird, JJ., did not sit.

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Ostrander, J.

The complainant was granted a divorce. From a decree awarding her alimony, the defendant appealed to this court, and the record was remanded to the court below to take further testimony. Des Champlain v. Des Champlain, 164 Mich. 511 (129 N. W. 702). In the court below, a further decree was entered, awarding alimony to the complainant, and from this decree the defendant has again appealed to this court.

We have examined the record, and are not disposed to disagree with the learned trial judge. We think the decree below should be affirmed; and it is affirmed, with this modification, which may or may not become important: The complainant should be required to release to the defendant her dower interest in and to any real estate which he owns. Complainant will recover the costs of this appeal.

Moore, C. J., and Steers, MoAlvay, Brooke, and Blair, JJ., concurred. Stone and Bird, JJ., did not sit.

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Bluebook (online)

135 N.W. 824, 170 Mich. 123, 1912 Mich. LEXIS 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/des-champlain-v-des-champlain-mich-1912.

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