Burkhart v. Lasley

The defendant’s wife obtained a divorce from him while he was in the penitentiary. She died before his release, and subsequently he filed a petition to vacate the decree. At the hearing upon said petition, in which he was opposed by the executrix of his ex-wife’s estate, and by her heirs and beneficiaries, considerable evidence was heard, and the trial court denied the petition to vacate, from which order the defendant appeals.

The controlling question is whether the court’s finding, to the effect that the defendant had authorized an attorney to appear for him in the divorce action, and…