Ermey v. Ermey

The respondent, plaintiff below, filed her complaint for divorce, and in the prayer asked only for a divorce and the return of her maiden name, “and for such other and different relief as to the court seems meet and just,” and for nothing more. There were no facts pleaded in the complaint that would permit any further or additional relief.

The appellant, defendant below, after being served a copy of this complaint, did not appear within the time allotted, and he was adjudged to be in default. The case proceeded to hearing as a default divorce case, without the appellant being present or…