Nusser v. Nusser

Plaintiff filed her complaint for separate maintenance against her husband, the defendant, alleging abandonment of the plaintiff and the two minor children of the parties. Defendant filed his counterclaim for divorce on the ground of desertion. The court after trial found for the defendant and on June 4, 1953, granted a decree of divorce for desertion on his counterclaim. Support allowance was made to the plaintiff for herself and the minor children. Thereafter, plaintiff filed a written motion with supporting affidavits to set aside the decree for the purpose of having further evidence taken…