BURNETT v. Hatch

I am compelled to dissent on the ground that the majority opinion avoids answering the most important issue advanced by this appeal. The opinion correctly states it as follows: “The plaintiffs contend * * * that the decree of the divorce court was void by reason of the fact that no notice was given to Hugh Rae Hatch, the plaintiff in the divorce suit, of the proposed amendment [i.e., to paragraph IV of Mrs. Hatch’s cross complaint] as allowed by the court.” A very important corollary thereto is whether or not such a decree is vulnerable to collateral attack. It requires clear answer if this…