Coley

Appelant appeals from a judgment in favor of the respondent for $4,600. Appellant was married to William Coley and was found to still be his lawful wife. During the period relative to this case she was the mother of two minor children, one fathered by a Mr. Owens, and another by a Mr. Butler, and the trial court found that during the period from November 1958 through April 1962 a Mr. Emory L. Jennings was an adult male person assuming the role of spouse to defendant, though not legally married to her.

During this same period of time the appellant received from the respondent warrants in the sum of $6,736 in monthly payments ranging from $107 to $168. These amounts were paid to the appellant pursuant to her application for and the grant of aid to needy children. According to the exhibits of the respondent she received $5,736 in aid, was eligible to receive $1,011, had a total need of $3,047, and had received an overpayment of $4,600. This excluded a period of approximately 10 months when there was no verification of employment of Mr. Jennings, and excluding these months, would have left an overpayment of $3,971.

During this time, according to the payroll records submitted to the…