Wetherington v. Wetherington

Duckworth, Chief Justice.

The exception is to a judgment sustaining a general demurrer to the petition of the divorced husband, seeking to set aside the decree of divorce and alimony, a reduction in ' the amount of alimony, custody of the minor children, and to enjoin the mother from taking the children out of the State. Held:

1. The petition showing that the petitioner acknowledged service of the divorce petition, consented that the divorce case be tried “after the appearance date,” entered an agreement to support the children, and consented to the wife’s custody of the children, and he failed…