Palmer v. Palmer

Opinion of the Court by

Chief Justice Fulton

Reversing.

On August 4, 1941, this action was submitted in vacation by agreement of parties and judgment was rendered by which the appellant was awarded a divorce and certain property rights of the parties were fixed.

On August 30, 1941, in vacation, the appellee filed in the clerk’s office a motion to modify the judgment and this motion was filed of record on September 1, 1941, the first day of the September term. In support of the motion an affidavit and statement were filed which were somewhat in the nature of additional evidence and somewhat…