Guess v. Smith
Mississippi Supreme Court
Appeal from the chancery court of Attala county. Hon. J. F. MoCool, Chancellor. Suit by Thomas Smith against Mrs. Lou E.' Guess to set aside a decree awarding alimony. From a decree overruling a demurrer to the bill, defendant appeals. Mrs. Lou E. Smith instituted a suit for divorce against her husband, Thomas Smith, the bill praying for divorce .and alimony. The cause was returnable at the February term of the chancery court.
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Appeal from the chancery court of Attala county. Hon. J. F. MoCool, Chancellor. Suit by Thomas Smith against Mrs. Lou E.' Guess to set aside a decree awarding alimony. From a decree overruling a demurrer to the bill, defendant appeals. Mrs. Lou E. Smith instituted a suit for divorce against her husband, Thomas Smith, the bill praying for divorce .and alimony. The cause was returnable at the February term of the chancery court. Summons was issued and executed personally in ample time. The defendant did not appear, and a decree granting a divorce and alimony in a stipulated amount was entered;…
1Opinion of the CourtAnderson, J.
The allegations of appellee’s bill, charging that appellant’s decree for alimony against him was procured by fraud, are wholly insufficient in law, and therefore, if proven, would not entitle appellee to a judgment setting aside such decree.
It is contended that the decree for alimony is void, because the summons on which it was rendered was void in failing to inform the appellee that appellant’s bill was one praying for alimony, as well as divorce. The summons in question is in the regular form, except that it commanded the defendant to appear and answer a bill “for divorce now on file,” etc.…
2Cases cited3 opinions
- Craig v. CraigIllinois Supreme Court · 1896
- Krauss v. KraussAppellate Division of the Supreme Court of the State of New York · 1908
- Beard v. BeardNebraska Supreme Court · 1899
3Cited by32 opinions
- East v. EastMississippi Supreme Court · 1986
- Walters v. WaltersAppellate Court of Illinois · 1950
- Rubisoff v. RubisoffMississippi Supreme Court · 1961
- Wray v. WrayMississippi Supreme Court · 1981
- Miller v. MillerMississippi Supreme Court · 1935
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