Leonard v. Leonard

OPINION

YOUNG, Justice.

Robert W. Leonard filed suit for divorce from Marjorie G. Leonard on the grounds of insupportability. The trial court entered judgment by default against the respondent. Her motions for new trial and to set aside the default judgment were overruled. Respondent appeals.

On July 24, 1973, petitioner filed suit. Respondent was served with citation on September 6, 1973. No answer was filed, so petitioner sought and was granted, after a non-jury trial, a default judgment on October 1, 1973. The decree was signed by the trial judge on October 2, 1973. On October 9, 1973, the…