Simpson v. Simpson

Nichols, Chief Justice.

This is an appeal from the denial of a motion to open default judgment in a divorce action. No defensive pleadings were filed one day after the time allowed, and the case was placed on the uncontested calendar. Counsel for appellant was in the courtroom when the case was called but did not answer. Final judgment and decree were entered, granting a divorce and ordering the appellee to pay $80 per month child support.

Nine days after the final judgment, the appellant filed a motion to open the default and her answer to the complaint contending a right under § 55 of the…