Howell v. Tunstall

BRASWELL, Judge.

The defendant seeks to set aside a judgment of divorce a mensa et thoro obtained by his wife. Although the defendant was given notice of the hearing to consider his wife’s divorce action, he chose not to appear or to contest it. As fate would have it, on 9 December 1981, the day Margaret Howell was granted a divorce from bed and board from the defendant, she died. We hold that the trial court properly denied the defendant’s motion to set aside the divorce judgment.

On 19 February 1981, Margaret Howell filed a complaint seeking exclusive possession of her home free from any…