Miller v. Douglas

Nichols, Chief Justice.

This is an appeal from the denial of summary judgment. The appellant filed an equitable petition to set aside a divorce decree in which he was served by publication. The former wife is now deceased and this action is being defended by her personal representative, John T. Douglas. The appellant had previously filed a motion to set aside this same decree which was granted by the trial court. On appeal this court reversed the trial court holding: "A motion to set aside under Code Ann. § 81A-160 (d) must be predicated upon some nonamendable defect which appears upon the…