Bailey v. Bailey

OPINION

By the Court,

Collins, C. L:

This is an action upon a decree of divorce brought by appellant (plaintiff below), mother of two minor children, against *485respondent (defendant below) as executrix of the father’s estate. The trial court granted a motion to dismiss for failure to state a claim upon which relief could be granted and without leave to amend. This appeal is taken from that judgment. We affirm the judgment.

Appellant was divorced from Joe Larkin Bailey June 2, 1954, and was awarded custody of their two minor children. He was ordered to pay her support of $50 per month for each child…