Smith v. Curtis

CRAMER, Justice... This is an appeal from a judgment denying appellant’s petition for bill of review to set aside a -former judgment granting ap-pellees the right to adopt the child of appellant. The original judgment granting the adoption was entered May 3, 1948; this bill of review was filed September 15, 1948. Appellant complains, first, that the trial court erred in not holding the original judgment of adoption void for the reason that the cause was set for hearing, in the order entered as required in sec. 4, Art. 46a, Vernon’s Ann.Civ.St., less than 40 days after the mailing of a…