Tennyson v. Tennyson

HOOD, Chief Judge:

In the trial court appellant failed in her attempt to secure a divorce on the ground of adultery, but she was awarded custody of her minor child and $400.00 a month for support of herself and child, together with court costs and attorney’s fees. On this appeal she contends that the award of support money was inadequate.

Appellee-husband has moved to dismiss the appeal because he has regularly paid, and appellant has accepted, the monthly awards of support. His argument is that one who accepts the benefits of a judgment is precluded from appealing therefrom. He relies…