Davis v. Welch

Mobley, Justice.

1. The sole question presented is whether the remarriage of the wife terminated the liability of the husband to make the payments falling due after her remarriage.

We are of the opinion that there was a lump sum award of $5,000 to the wife, and that the judgment vested in her the right to that amount from her husband and that it was not divested by her remarriage. The jury knew that she might remarry, and their verdict did not provide that her remarriage before payment of the full amount would cause a forfeiture or that payments should terminate upon her remarriage. The facts…