Peyton v. Peyton

Jordan, Justice.

In an action for divorce by appellant-wife, the jury found a common-law marriage to exist, granted appellant a total divorce, and awarded child support. Appellant’s amended motion for new trial was denied without hearing upon appellee’s motion to dismiss, and appellant appeals.

1, 2. Appellant enumerates as error the trial court’s dismissal of her motion for new trial without setting a date for hearing and without conducting the same.

This court recently held that in consonance with constitutional requirements of procedural due process, a movant for a new trial is entitled to a…