Burnett v. Burnett

Lyle Brown, Justice.

Appellant’s motion to set aside a divorce decree was denied and she appeals. The chancellor found that more than ninety days had elapsed between the entry of the decree of divorce and the presentation of the motion, therefore concluding that the motion should be denied.

The petition for divorce was filed April 27, 1972, and personal service was had on June 7, 1972. Appellant did not appear or plead and a decree was entered on July 11, 1972. Some eight days before the expiration of ninety days, appellant filed a motion to set aside the decree. She alleged that she had been…