Gates
Gates v. Gates
Opinion
Lead Opinion
Burnett, J.
The facts and the legal controversy involved herein, as stated in our former opinion, are as follows: “The plaintiff, on the twelfth day of January, 1917, filed a verified complaint in a suit for divorce against the defendant on the ground of cruelty. On the fifteenth day of January, 1917, the defendant filed an answer, denying the charge of cruelty so alleged, and on said fifteenth day of January, 1917, the court granted an interlocutory decree to plaintiff, declaring her to be entitled to a divorce from defendant and awarding to her alimony in the sum of $75 per month, ‘the first payment to be made on the tenth day of February, 1917, and thereafter on the tenth day of each succeeding month until the entry of final judgment or decree herein. ’ The court did not in said decree reserve the right to make any order for further alimony.
“During the time intervening between the granting of the interlocutory decree and the granting of the final decree, a child was born to the parties, as to the legitimacy of whom no question is raised.
“After the birth of said child and prior to the granting of the final decree, the plaintiff, through her attorneys, served upon opposing counsel a…