FORTENBERRY v. FORTENBERRY

No. 49071.

338 So.2d 806 (1976)

John W. FORTENBERRY v. Vickie Diane FORTENBERRY.

Supreme Court of Mississippi.

October 19, 1976.


Attorney(s) appearing for the Case

George G. Williamson, Edward A. Williamson, Mendenhall, for appellant.

Stubbs & Evans, W. Terrell Stubbs, Mendenhall, for appellee.

Before GILLESPIE, SUGG and WALKER, JJ.


WALKER, Justice, for the Court:

In this uncontested divorce proceeding, the defendant wife had moved to another state taking the minor children of the marriage with her. Process was had on her by publication, and no answer, cross-bill, or any pleading asking for support of the minor children was filed by the defendant.

It was error for the court arbitrarily to fix the sum of $75.00 per month that the father should contribute to the children's support.

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