Marion Retterath v. Raymond Retterath

This is an action for divorce brought by the plaintiff on the grounds of cruel and inhuman treatment. The answer of the defendant sets up recrimination by way of cruel and inhuman treatment on the part of the plaintiff as a defense to the action. The trial court found for the defendant and dismissed the action. The plaintiff appeals to this court. In the settled statement of the case, however, no demand is made for a trial de novo nor is any question of fact specified on which a review is desired. In 28-2732, ND Rev Code 1943 it is provided that ""A party desiring to appeal from a judgment in any such action (tried by the Court) shall cause a statement of the case to be settled within the time and in the manner prescribed by chapter 18 of this title, and shall specify therein the questions of fact that he desires the supreme court to review, and all questions of fact not so specified shall be deemed on appeal to have been properly decided by the trial court.""