Hanks v. Hanks

Opinion of the Court by

Judge Tilford

— Reversing.

On September 14,1935, the appellee instituted in tbe Powell Circuit Court action No. 1546, in which sbe prayed for an absolute divorce from appellant on the grounds of drunkenness and cruelty, and on June 24, 1936, a judgment was entered awarding her the relief sought, including the custody of their child, and an attorney’s fee of $25. The judgment, however, did not contain an order restoring property obtained through or by reason of marriage, as required by Civil Code of Practice, Section 425. On July 17, 1936, appellant, as authorized by this…