Whaley v. Whaley

Ed. F. McFaddin, Justice.

The parties married in 1929, and lived and worked together for many years. They separated; and Mr. Whaley sued for divorce and property settlement. The Court awarded him a divorce; but he now appeals because of the other matters herein discussed.

I. Setting Aside an Earlier Decree. Mr. Whaley filed suit on April 16, 1953, and obtained personal service. When the case was tried on June 2nd, Mrs. Whaley represented herself. At the conclusion of the trial, the Court rendered a decree (hereinafter called the “June decree”) awarding Mr. Whaley a divorce and making a division…