Guess v. Smith

Citations

• 100 Miss. 457
• 56 So. 166

Syllabus

<p>1. Summons. Divorce and alimony. Modification of decree. Code 1906, sections 3913, 1673.</p> <p>Where a bill is filed for divorce and alimony a decree for alimony is not void because the summons on which it was rendered failed to inform the defendant, that the bill was one praying for alimony as well as divorce, as it is not necessary under Code 1906, section 3913, for the summons to state the nature and purpose of the bill.</p> <p>2. Same.</p> <p>A defendant has no right to look to a recital, inserted in the summons, without authority of law, by the officer issuing it, as to the nature of the cause. Resort to the declaration, if a suit at law, or to the bill, if a suit in chancery, is defendant’s only source of information as to the nature of the suit against him, on which he is entitled to rely.</p> <p>3. Divorce and Alimony. Decree. Power of court to modify.</p> <p>Under section 1673, of the Code of 1906, empowering the court after granting a divorce and awarding alimony, to change the decree on petition and make from time to time such new decree as the case may require, such petition may be filed in the original case or as an independent petition, hut must he filed in the court which rendered the original decree.</p> <p>4. Same.</p> <p>When the alimony awarded a wife is commuted to a lump sum to he paid presently, the court cannot after the term under Code 1906, section 1673, authorizing the court on petition to change the decree, modify the alimony awarded. Such a decree is final after the term at which it is rendered.</p>