Thompson v. Thompson (Two Cases‪)‬

For convenience, the parties to this case may be sometimes referred to in this statement as husband and wife, notwithstanding a decree of divorce that is still in existence, and is a subject-matter of the present controversy. Mrs. Merle Harp Thompson, against whom a divorce was granted on petition of her husband, sued out a writ of error upon a main bill of exceptions, assigning error upon a judgment dismissing on written motion her petition or motion to set aside such divorce judgment. The petition that was thus dismissed had been designated by her as count 1 in a proceeding which she had brought in three counts after rendition of the divorce decree, in connection with which decree there was an award of alimony in the sum of $6000, based upon a purported agreement between the parties. In counts 2 and 3 of that proceeding, whether called a petition or a motion, she prayed for reformation of the purported agreement for alimony, cancellation of another agreement connected therewith, and modification of the divorce decree.