Smith v. Smith

This is an appeal from a decree, entered on petition of respondent, setting aside a final decree of divorce granted ex parte on appellant’s motion.

In April, 1923, plaintiff filed a complaint asking for a decree of divorce and for a settlement of the property rights of herself and defendant. She was granted an interlocutory decree May 15, 1923, and nothing further was done in the case until August 8, 1927, on which date defendant filed his affidavit, sworn to August 6, 1927, in which he stated that

“ ... since the entry of the interlocutory decree and order in this cause, this defendant has not…