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Spencer v. Spencer

Supreme Court of Minnesota
Apr 25, 1975
229 N.W.2d 18 (Minn. 1975)

Opinion

No. 44854.

April 25, 1975.

Divorce — decree — property division — child support — propriety.

Divorce action in the Hennepin County District Court resulting in a decree adjudging the parties divorced, awarding plaintiff husband custody of two minor children, awarding defendant wife custody of one minor child and support for said child, and providing for division of property. Plaintiff was granted discretionary review of an order, Elmer R. Anderson, Judge, denying his motion to amend the decree except with respect to child support and attorneys fees, and defendant wife filed a notice of review. Affirmed.

Lindquist Vennum and N.L. Newhall, for appellant.

Henson Tully and Robert F. Henson, for respondent.

Heard before Rogosheske, Peterson, Scott, and Chanak, JJ., and considered and decided by the court en banc.


In this appeal by plaintiff in a divorce action, he challenges the trial court's division of property. Defendant seeks review of the amount awarded for the support of a minor daughter. Upon our comprehensive review of the record and a careful consideration of the briefs and oral argument, we are not persuaded that the trial court abused its discretionary authority.

The property division made was well within the alternatives available under the evidence and was based upon findings amply supported by the evidence which in no respect could be held clearly erroneous under Rule 52.01, Rules of Civil Procedure, which authorizes the broadest possible scope of review. In re Estate of Balafas, 293 Minn. 94, 198 N.W.2d 260 (1972). We view the amount awarded for child support similarly. We therefore affirm without extended opinion since no precedential purpose would thereby be served.

Affirmed.

MR. CHIEF JUSTICE SHERAN took no part in the consideration or decision of this case.


Summaries of

Spencer v. Spencer

Supreme Court of Minnesota
Apr 25, 1975
229 N.W.2d 18 (Minn. 1975)
Case details for

Spencer v. Spencer

Case Details

Full title:ARCHIBALD C. SPENCER v. ELIZABETH B. SPENCER

Court:Supreme Court of Minnesota

Date published: Apr 25, 1975

Citations

229 N.W.2d 18 (Minn. 1975)
229 N.W.2d 18

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