Missouri Court of Appeals, 1934

Edwards v. Edwards

Edwards v. Edwards
Missouri Court of Appeals · Decided January 29, 1934 · Shain
66 S.W.2d 969; 228 Mo. App. 449; 1934 Mo. App. LEXIS 55 (South Western Reporter, Second Series)

Edwards v. Edwards

Opinion of the Court

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 *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.

All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.