Smith v. Smith

Grice, Justice.

This appeal is from the dismissal of a complaint to set aside a portion of a judgment.

The complaint, filed in the Superior Court of Chattooga County by Jasper Leon Smith against his former wife Carolyn Smith, sought to set aside the part of a divorce decree which awarded the wife alimony for the support of herself and three children, and also their custody.

The allegations of the complaint, insofar as necessary to recite here, are those which follow.

The wife in 1965 filed suit in the superior court of that county against the husband for temporary alimony. The husband in his…