50 Ind. App. 293 | Ind. Ct. App. | 1912
— As originally filed, this-was a suit by appellee against appellant on an alleged judgment for $10 per month as alimony, rendered in a divorce proceeding tried and determined in the circuit court of Jackson county, Missouri, on April 19, 1898.
Appellant then filed an answer in two paragraphs : (1) General denial, and (2) averring affirmative facts showing that the Missouri court did not have jurisdiction to render a personal judgment against him.
Appellee replied in three paragraphs to appellant’s second paragraph of answer. A demurrer to the second and third paragraphs of reply vas overruled.
The issues thus joined were submitted to the court for trial. Finding and judgment. After hearing the evidence the court made a general finding in favor of appellee, and that appellant ought to pay appellee $3 per month from the commencement of this suit until the further order of the court.
Appellant’s motion for a new trial was overruled, and judgment rendered against him and in favor of appellee, ordering him to pay to appellee on the tenth day of each month, until the further order of the court, $3 per month for the support and education of his daughter, Joyce Effie March. This is the substance of the judgment which appellant is seeking to have reversed.
Numerous errors have been assigned, but we will notice only those not waived. First, the complaint is challenged for want of sufficient facts to constitute a cause of action.
Judgment affirmed.
Note. — Reported in 98 N. E. 324. See, also, under (1) 3 Cyc. 275; (2) 3 Cyc. 418; (3) 3 Cyc. 286; (4) 31 Cyc. 358; (5) 38 Cyc. 1888; (6) 3 Cyc. 443. As to the rule that the judgment appealed from will be rffirmed if possible, see 91 Am. Dec. 195.