Piersall v. Piersall

Opinion op the Court by

Judge Sims

Reversing.

This appeal is prosecuted from so much of the judgment entered in a divorce action which fixed the amount of monthly maintenance of the wife and child and which attempted to fix the amount of lump sum alimony. After the judgment of divorce was granted, Mrs. Piersall married Lucian Elmer Wells, but to avoid confusion and for the sake of convenience we will refer to her in the opinion as Mrs. Piersall.

The petition filed July 16, 1943, charged the husband with cruel and inhuman treatment and asked an absolute divorce and the custody of their one child,…