Swallow v. Swallow

Backes, V. C.

The final decree of divorce in this case was entered April 13th, 1905. It contained no provision for permanent alimony. The petition prayed for a divorce and' for “such further and other relief as shall seem meet.” There was no specific prayer for alimony. Application is now made to open the final decree and to amend it by inserting a clause for alimony, and, if that be denied, for an order allowing permanent alimony, to date from the final decree.

Under the first alternative, the petitioner sets up that she was ignorant of the absence of any provision for permanent alimony in the…