Opinion
No. 19,984.
Filed April 29, 1964. Rehearing Denied June 3, 1964. Transfer Denied March 16, 1965.
DIVORCE — Property Settlement — Discretion of Trial Courts. — Lower court may adjust property rights in money, in physical assets, or in both. Section 3-1218, Burns' Ann. Stat. (1964 Supp.)
From the Superior Court of Marion County, Room 2, Mercer M. Mance, Judge.
Appellee, Elmo E. Snyder, brought action for divorce against appellant, Arvilla Snyder. Appellant filed a cross-complaint and judgment was entered granting appellant a divorce. Trial court also granted judgment against the appellant in sum of $5,200.00. Judgment of the trial court was reversed and appellee petitioned for transfer to Supreme Court.
Reporter's Note. — See Appellate Court opinion reported in 198 N.E.2d 8.
Petition to transfer denied.
Frank E. Spencer, of Indianapolis, attorney for appellant.
Dale and Dale, of Indianapolis, attorneys for appellee.
Transfer denied. By our denial of transfer we do not, however, desire to approve any statement in the Appellate Court opinion 198 N.E.2d 8, 10, 137 Ind. App. ___, that the lower court on remand is limited under Burns' § 3-1218 (1964 Supp.), to making an award to appellee in money or in the alternative in property. On the contrary, the lower court may adjust the property rights in money, in physical assets, or in both.
Achor, J., not participating.
Jackson, J., votes for transfer.
NOTE. — Reported in 205 N.E.2d 159.