Mitchell v. Mitchell

BOYCE, Justice.

This is an appeal from a judgment vacating a divorce decree granted at a previous term. The appellant Jewel Mitchell brought the divorce suit against the appel-lee Ervin Mitchell for divorce, custody of an infant daughter and $40 per month for care and support of the child. The appellee was served with citation but did not answer. On December 10, 1945, a trial was had before the court without a jury and judgment was entered on that date granting to the appellant the divorce and custody of the child; the judgment also required that the appellee pay into the registry of the court…