Armstrong v. Armstrong

This appeal involves the simple issue whether an award of alimony made in harmony with a property settlement agreement may be modified upon a proper showing.

The complaint pleaded an action for divorce upon the ground of the husband’s desertion. It alleged that, for the purpose of settling their property fights, and for making provisions for the support of their minor child, the parties had entered into a written agreement. This agreement was attached as an exhibit and incorporated in the complaint. The defendant permitted his default to be entered. The trial court found the allegations of the…