Williams v. Williams
Mississippi Supreme Court
Appeal from chancery court of Bolivar county. Hon. J. D. Magrtjder, Special Chancellor. Petition by George Edward Williams against Myrtle D. Williams, for the amendment of a decree of divorce in favor of the defendant. Decree for complainant, and defendant appeals. Under what circumstances may decrees and judgments be corrected after the term on. the ground of mistake? A. A decree may be corrected on the ground of fraud.
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Appeal from chancery court of Bolivar county. Hon. J. D. Magrtjder, Special Chancellor. Petition by George Edward Williams against Myrtle D. Williams, for the amendment of a decree of divorce in favor of the defendant. Decree for complainant, and defendant appeals. Under what circumstances may decrees and judgments be corrected after the term on. the ground of mistake? A. A decree may be corrected on the ground of fraud. B. A decree may be corrected where it contains “a mistake, miscalculation or misrecital of any sum of money, quantity of anything of any name and there shall be among the…
1Opinion of the CourtSmith, C. J.
The parties hereto were formerly husband and wife, but were divorced by a decree of the court below rendered on the 22d day of December, 1919, in which decree alimony was awarded to the appellant by the following provision thereof:
“And complainant and defendant having consented and agreed in open court that the defendant shall pay the complainant as alimony in lieu of all other alimony and attorney’s fees the sum of seventy-five dollars per month, payable on the first day of each month, commencing on January 1, 1920; and the court being of the opinion from the evidence that the said sum is…
2Cases cited4 opinions
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- Guess v. SmithMississippi Supreme Court · 1911
- McGregor v. McGregorSupreme Court of Colorado · 1912
3Cited by9 opinions
- Fanchier v. GammillMississippi Supreme Court · 1927
- Shaeffer v. ShaefferMississippi Supreme Court · 1979
- Campbell v. CampbellMississippi Supreme Court · 1978
- Romanowski v. RomanowskiWisconsin Supreme Court · 1944
- Lindsey v. LindseyMississippi Supreme Court · 1954
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