Burson v. Burson

Opinion by

Mr. Justice Frantz.

Mrs. Burson sought a divorce from her husband and an order for the custody of their minor child. No other relief was requested. The husband having failed to appear, the suit was set for disposition and thereupon tried as a non-contested divorce case. Neither in the evidence, nor in the decree granting the relief sought, was mention made of alimony.

Nine months after the entry of the decree of divorce, Mrs. Burson filed a motion in which she petitioned the trial court to fix and order alimony payments to her. For the first time the husband appeared, and then for the…