Morris v. Propst

delivered tlie opinion of tlie court.

The question before us is whether the district court of Logan county erred in setting aside an interlocutory decree of divorce recovered against a husband by his wife, who died within the sis months immediately following the entry of the decree.

The divorce action was begun on October 18, 1934. The husband, though duly served, did not enter his appearance and interposed no defense. On December 5, 1934, a trial was had and an interlocutory decree of divorce was entered. On January 31,1935, the wife died.

On June 1, 1935, more than four months after the wife’s…