Terry v. Terry

Opinion by

Mr. Justice McWilliams.

Kathleen Terry filed a complaint against her former husband, Tim Terry, and by such independent action sought equitable relief from the decree in divorce theretofore entered in a divorce proceeding between the parties, the relief sought pertaining to the question of alimony.

In response to the complaint Tim filed a motion to dismiss, alleging that the court had no jurisdiction over the subject matter for the reason: (1) “that the judgment from which plaintiff seeks relief is more than six months old and plaintiff is barred in this proceeding by Rule 60(b) of…