Knigga v. Knigga

Indiana Court of Appeals

Knigga v. Knigga

97 N.E.2d 360, 121 Ind. App. 10, 1951 Ind. App. LEXIS 159

CourtIndiana Court of Appeals

DecidedMarch 17, 1951

DocketNo. 18,079

StatusPublished

Cited by2 cases

This text of 97 N.E.2d 360 (Knigga v. Knigga) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knigga v. Knigga, 97 N.E.2d 360, 121 Ind. App. 10, 1951 Ind. App. LEXIS 159 (Ind. Ct. App. 1951).

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Opinion

Wiltrout, C. J.

Appellant prosecutes this appeal from a judgment granting a divorce to appellee.

[11]*11Appellee has filed a verified motion to dismiss the appeal. The motion sets forth that appellant has married again since the granting of the divorce and is living with her present husband. Accompanying the motion and made a part thereof appears a certified copy of the marriage license and certificate of marriage. Appellant has in no way controverted the allegations of the motion.

Appellant by her marriage to another has recognized the validity of the judgment appealed from and accepted the benefits thereof. She must also accept its burdens. Should we reverse the decree of divorce, as appellant would have us do, then appellant’s husband is not such, but is living in adultery with her. Such remarriage estops her from further prosecuting this appeal. Arnold v. Arnold (1933), 95 Ind. App. 553, 183 N. E. 910; State ex rel. Balsley v. St. Joseph Superior Court (1948), 226 Ind. 372, 81 N. E. 2d 373; Stephens v. Stephens (1875), 51 Ind. 542.

Motion to dismiss appeal sustained.

Appeal dismissed.

Note. — Reported in 97 N. E. 2d 360.

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Wiltrout, C. J.

Appellant prosecutes this appeal from a judgment granting a divorce to appellee.

[11]*11Appellee has filed a verified motion to dismiss the appeal. The motion sets forth that appellant has married again since the granting of the divorce and is living with her present husband. Accompanying the motion and made a part thereof appears a certified copy of the marriage license and certificate of marriage. Appellant has in no way controverted the allegations of the motion.

Appellant by her marriage to another has recognized the validity of the judgment appealed from and accepted the benefits thereof. She must also accept its burdens. Should we reverse the decree of divorce, as appellant would have us do, then appellant’s husband is not such, but is living in adultery with her. Such remarriage estops her from further prosecuting this appeal. Arnold v. Arnold (1933), 95 Ind. App. 553, 183 N. E. 910; State ex rel. Balsley v. St. Joseph Superior Court (1948), 226 Ind. 372, 81 N. E. 2d 373; Stephens v. Stephens (1875), 51 Ind. 542.

Motion to dismiss appeal sustained.

Appeal dismissed.

Note. — Reported in 97 N. E. 2d 360.

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Bluebook (online)

97 N.E.2d 360, 121 Ind. App. 10, 1951 Ind. App. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knigga-v-knigga-indctapp-1951.

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