noting a party “has the choice, after weighing the advantage of the privilege against self-incrimination against the advantage of putting forward his version of the facts and his reliability as a witness, not to testify at all”
How later courts described this case
- noting a party “has the choice, after weighing the advantage of the privilege against self-incrimination against the advantage of putting forward his version of the facts and his reliability as a witness, not to testify at all”
- “Otherwise the judge may have important information about the case of which counsel are unaware at the trial. If the interview is conducted tactfully by the judge and counsel remain in the background, usually the children will not be inhibited in casting light on the situation—and that is the objective of the parties’ stipulation.”
- Court refused to extend statutory amount for attorney fee award to award fees for previously filed action
Written by the judges who cited it.
The opinion
On Petition for Rehearing
UHLENHOPP, Justice.
The decree as modified by the opinion of this court takes effect as of August 14, 1969. Plaintiff is entitled to credit on the decree as modified for any sums he has paid since August 14, 1969, by way of temporary alimony and child support.
With such clarification, the petition for rehearing is denied.
Petition for rehearing denied.
All Justices concur except STUART, REES and REYNOLDSON, JJ., who take no part.