Brooker v. Brooker

In 1952 Mrs. Brooker sued for a limited divorce, alleging cruelty. She prayed, inter alia, for a fair and reasonable allowance for her maintenance. The District Court found that she had not sustained her burden of proof, and denied the divorce. It did, however, award her “alimony,” though it made no findings on the subject.

No appeal was taken from that judgment. We now have before us an appeal from an order of the District Court denying the husband’s motion — made many months later — to discontinue alimony. The motion was not based on any allegation of changed circumstances, but solely on the…