Edwards v. Edwards
Edwards v. Edwards
Opinion of the Court
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 *450 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.