Burnett v. Clark

Appellant seeks to reverse a decree of the lower court as to the custody of his ten year old son.

On December 26, 1939, appellant signed an agreement by which it was provided that appellant waived service of summons in a divorce suit, not then filed by appellee, that such suit might be “heard at any time, either in term time or vacation,” and “plaintiff to have custody of child. ’ ’ The complaint in the divorce suit was filed on December 30,1939, and on the same day a decree was rendered by the court in vacation under which divorce was granted to appellee and she was given “the permanent care…