Peay v. Peay

HALL, Justice:

Defendant appeals the denial of his motion to vacate and set aside a decree of divorce.

The decree was entered on September 12, 1977, and by the terms thereof plaintiff was awarded $120.00 per month as and for the care and support of each of the two minor children of the parties, and $240.00 per month alimony. Shortly thereafter, defendant suffered a heart attack and on March 17, 1978, he petitioned the court to modify the decree of divorce. 1 Alternatively, defendant alleged that the decree should be vacated and set aside. 2 At a hearing on May 6, 1978, Judge Robert Bullock…