Davis v. Davis

Stukes, Chief Justice.

This is an appeal from an order vacating a default judgment for divorce and permitting the defendant therein, now respondent, to amend her answer or otherwise plead to the complaint.

The latter is usual in form for divorce upon the ground of desertion. It alleged that the parties were married in June 1947, a son was born in September 1953, and on or about January 1, 1957 respondent, without just cause or excuse, deserted appellant, since which time they have not lived together as husband and wife; further that the parties agreed that appellant should pay to respondent…