Miller v. Miller

On November 9, 1948, plaintiff filed his petition in the district court of Monona County asking a divorce from defendant. On the same day, defendant accepted service of an original notice of the suit. She made no appearance in the case and on December 6,1948, her default was entered and, upon hearing had, a divorce decree was awarded to plaintiff.

On June 25, 1949, defendant filed a petition to vacate the decree of December 6,1948. She alleged that the Monona County District Court had no jurisdiction of the matter, because both parties were at the time of the commencement of the suit and of…