Black v. Black

Clarke, Justice.

Appellee is the holder of a judgment for alimony contained in a divorce decree. The decree resulted from a complaint previously filed by appellee in which there was no prayer for the issuance of a process. Nevertheless, process. was issued and service was had. Appellant answered the complaint and contested the lawsuit but did so without raising any objection to the absence of a prayer for the issuance of process.

Appellee subsequently filed a garnishment proceeding and appellant moved to vacate and set aside the final decree of divorce which contained the judgment for alimony…