State Ex Rel. Graveley v. District Court of Third Judicial District Ex Rel. Powell County

This proceeding invokes the supervisory power of this court to annul and vacate an order made by respondent court modifying a decree of divorce.

The salient facts are these: Relator and Alice Myrle Graveley were formerly husband and wife; on October 7, 1942, a decree of divorce was rendered in the district court of Powell county in an action brought by the wife and based upon charges of cruelty; the defendant in the divorce action, relator here, appeared in the action by demurrer but declined to further plead after the demurrer was overruled; the decree awarded the care and custody of Charles…