Curtis v. Curtis

Grayce Curtis, plaintiff, was awarded a decree of divorce on the grounds of cruelty from James Curtis, defendant, his answer and cross bill having been withdrawn at the hearing. As there was a dependent child, the decree did not become final until 6 months after its date, as no unusual hardship was shown. CL 1948, § 552.9 (Stat Ann 1949 Cum Supp § 25.89). Within the 6-month period the defendant filed a motion to set aside the decree. The motion was denied after a hearing. Defendant appeals both from the granting of the decree and the denial of the motion to set it aside.

The defendant’s first…