121 S.W.2d 933 | Ky. Ct. App. | 1938
Affirming.
In Duff v. Duff,
In April, 1938, pursuant to notice, the defendant moved the court to set aside that part of the judgment. He showed that since it was rendered the plaintiff had remarried; that her husband, John Sizemore, is amply able to furnish her a home and support her, as he owns another home and is in such physical condition as enables him to work; that the plaintiff had received about $1,000 from the sale of timber on the Greasy Creek property; that she had had possession of their former home in Hyden since 1934; that he is infirm and has no income. The motion was continued but no opposition seems to have been entered to it. At the August term, 1938, the chancellor expressed the opinion, "As a matter of right the defendant ought to be given the relief which he seeks in his motion, but the court is of the opinion that he does not have jurisdiction sufficient to warrant the modification of said judgment and his motion is, therefore, overruled."
The former husband appeals and insists that the chancellor did have jurisdiction and authority to grant the relief he sought. The question, therefore, is as to the finality of the judgment awarding the former wife the use of the home for a period of five years. In Boehmer v. Boehmer,
Accordingly the judgment is affirmed.