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Anderson v. Anderson

Supreme Court of Arizona

February 10, 1947

ANDERSON
v.
ANDERSON

Appeal from Superior Court, Navajo County; W. E. Ferguson, Judge.

Judgment modified and affirmed.

Dodd L. Greer, of Holbrook, for appellant.

Guy Axline, of Holbrook, for appellee.

Stanford, Chief Justice. LaPrade and Udall, JJ., concur.

OPINION

Stanford, Chief Justice.

Appellee brought her action for divorce in the Superior Court of Navajo County, alleging that she and appellant inter-married in Gallup, New Mexico, on the 4th day of January, 1942; the amended complaint for divorce was filed on the 27th day of August 1945.

By the amended complaint, the appellee asked, in addition to divorce, the sum of $ 100 per month as alimony; attorney's fees and costs, and for a division of the community estate of the parties to the action. No children were born as issue of the marriage

The judgment of the court awarded appellee two parcels of property, all household [65 Ariz. 185] furnishings, the sum of $ 75 per month as and for support and maintenance, and certain bonds.

The court awarded appellant that certain business in Holbrook known as the "Holbrook Cleaners" also the Ford automobile.

By appellant's answer, he claimed that he owned as his separate property the cleaning business at the time he married appellee and purchased the two separate pieces of real property awarded to the appellee out of the earnings of said business.

From the judgment of the trial court appellant appealed to the court in part, to-wit:

Page 228

"From that portion of said judgment awarding the real and personal property therein described to said plaintiff, together with that portion of said judgment by which plaintiff was awarded the sum of $ 75 monthly", and appellant assigns as error by the trial court the awarding of the two pieces of real property to appellee, the same ...


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