Mitchell v. Mitchell

Undercofler, Justice.

This appeal is from the denial of appellant’s motion to set aside an uncontested divorce decree based on the ground of cruel treatment. Appellant contends that the trial court erred because (1) the decree was entered before a summons was issued, (2) the appellant was not notified of the final trial date, (3) the decree was entered prior to the trial term, and (4) the petition does not meet the statutory requirements for divorce.

After a hearing, the trial court found as a matter of fact that: (Í) the appellant had acknowledged due and legal service of ' a copy of the…