Ensman v. Ensman

With some significant differences, hereinafter noted, this appeal comes to us on basically the same facts as appear in Saunders v Smith, released concurrently with this opinion. Plaintiff wife died 34 days after obtaining a pro confesso divorce but before formal entry of a written judgment of divorce. Two days later a judgment of divorce, approved as to content and form by attorneys for both parties, was entered by the court. On July 13, 1977, the trial court denied a motion to set aside the judgment, and defendant appeals of right.

The parties hereto were married July 6, 1967, and separated…