Young v. . Young

The defendant’s motion to vacate the judgment against her in the divorce action was based upon allegations of lack of jurisdiction for that plaintiff was not a resident of North Carolina, and also for intrinsic fraud in the procurement of the judgment for that it was based upon false and fraudulent allegation of separation by mutual agreement between plaintiff and defendant since 15 June, 1942.

In an action for divorce the affidavit required by the statute in connection with the complaint is jurisdictional, G. S., 50-8, and a complaint accompanied by a false statutory affidavit, if it be…