Smith v. Smith

— The question before us is whether a decree of divorce, silent as to alimony, may be modified at a subsequent term so as to allow alimony.

Appellant was plaintiff in a divorce action and obtained a decree in the Circuit Court of Jackson County in June, 1924. Although she prayed for alimony in her petition the decree made no mention of it. She was awarded the custody of the three minor children and allowed $125.00 per month for their support and maintenance.

In September,” 1940, she filed a motion to modify the decree. She states in her motion that when the decree was granted in 1924 she was in…