Edwards v. Edwards

66 S.W.2d 969, 228 Mo. App. 449, 1934 Mo. App. LEXIS 55

• Court: Missouri Court of Appeals
• Decided: January 29, 1934
• Status: Published

Opinion

SHAIN, P. J.

Bessie Edwards, plaintiff, was granted an absolute divorce from Arthur H. Edwards, defendant, at the January term,-1933, of tbe Circuit Court of Miller County, Missouri. •

After adjournment of tbe said term and in vacation, to-wit-: on March 22, 1933, tbe defendant filed a motion to set tbe decree of divorce aside, and on April 3, 1933, in vacation, tbe court entered a decree setting aside tbe judgment for divorce rendered at tbe January term as aforesaid and plaintiff has duly appealed- from tbe order setting aside tbe decree.

Plaintiff presents five assignments of error to which we need but give consideration of one assignment, to-wit:

‘‘The judgment of divorce is a permanent one, and cannot be altered'by the-trial court after the expiration of the term of court at which'it was rendered.” ~ " '

' It-is well settled that a “Judgment granting divorce held final, in absence of any voluntary action against it by-court or motion filed against it at- ¡judgment term. ” [Secs. 1360, 1361, R. S. 1929; Laweing v. Laweing, 21 S. W. (2d) 2; Sanders v. Sanders, 14 S. W. (2d) 458; Sec. 1552, R. S. 1929; Mefford v. Mefford, 26 S. W. (2d) 1804.]

The-decree and judgment of the circuit court setting aside the decree of divorce is-reversed.

All concur.