Bennett v. Bennett

In this action for divorce the prayer of the complaint, to which no answer was interposed, was for a judgment dissolving the bonds of matrimony existing between the parties, and for general relief. Defendant, claiming the same to be erroneous, appeals from that part of the interlocutory decree rendered upon his default and in favor of plaintiff, whereby it was adjudged that, until the further order of the court, “defendant pay plaintiff twenty-five dollars per month alimony.”

[1] Clearly, the trial court erred in making the order, the effect of which was to grant relief in excess of that…