Cox v. Cox

This is an appeal from an order vacating that part of a divorce decree entered February 26, 1935, awarding alimony of $25 a month in favor of the plaintiff. Personal service of the complaint and summons was duly made upon the defendant but he defaulted. There were no allegations in the complaint in reference to alimony nor did the prayer thereof specifically ask for the same, unless such relief be included within the general prayer for “such other and further relief as shall appear meet and proper in the premises.” Defendant made no payments of alimony and, on April 8,1937, plaintiff had…