Messenger v. Messenger
Supreme Court of Iowa
Appeal from Polh District Court. — J. E. Meyer, Judge. Appeal by the plaintiff from an order of tbe district court setting aside a decree of divorce previously obtained by Mm.
1Opinion of the CourtEvans, J.
l. pleading: suéa.ntary Is Plaintiff obtained the decree of divorce on March 6, 1918, upon service by publication. On May 22, 1918, the defendant wife appeared by filing a petition in the case, asking that such decree be set aside on the ground of fraud in obtaining the same. With her petition the defendant filed her answer, setting up a complete defense to the plaintiff’s original petition.' The trial court sustained the petition, and set aside the decree.
The reason assigned by the court for setting aside the decree was that such decree had been entered without juris*368diction, in that the…
2Cited by7 opinions
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- Korsrud v. KorsrudSupreme Court of Iowa · 1951
- Miller v. MillerSupreme Court of Iowa · 1951
- Peterson v. Central National Bank & Trust Co.Supreme Court of Iowa · 1935
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