Heady v. Simmons

The appellant-plaintiff had filed a petition to enforce a decree of divorce and to modify the decree. A marital settlement agreement of the parties had been incorporated in the decree. The defendant-appellee filed a motion to strike appellant’s petition, and this motion was allowed by the trial court, which decided that each of the five counts of appellant’s petition were defective and that the petition failed to set forth sufficient facts to justify the relief sought.

The appellant appealed from an order of the trial court dismissing her petition to enforce the decree of divorce and to modify…