Kelley v. Kelley

OPINION

By the Court,

Zenoff, J.:

This is an appeal from the denial of a motion to set aside a default judgment in a divorce case. Billie Kelley, wife of Roger, instituted divorce proceedings in Nevada on April 3rd. Pursuant to NRCP 4(e)(2) 1 an order for personal service outside the state was granted by the trial court and subsequently an affidavit by a deputy sheriff attested that personal service was made on Roger on April 8th in Bloomington, Indiana. Default judgment was entered April 30th and a divorce decree granted.

Shortly thereafter Roger moved to set aside the decree as a void judgment…