Despain v. Despain

BAKER, District Judge.

The parties to this action were divorced by the decree of the District Court of Franklin County on May 17, 1944. The custody of a female child whose age is not disclosed was awarded to the plaintiff, the wife. The decree contained a provision requiring the defendant, husband, to pay $20 per week “for the support of the plaintiff and said child”.

The plaintiff intermarried with one Allen in the year 1945 as the court found and as both parties state in their briefs. However, the plaintiff twice testified her marriage to Allen was in January, 1946. There was no other proof…