Jones v. Jones

Backes, V: C.

The question presented on this motion is whether, after the expiration of the statutory period for the taking of an appeal, this court has the power, on petition and order to show cause, to set aside a decree of divorce in an ex parle suit, obtained by fraud.

The petition for divorce was filed August 17th, 1912, and alleges a desertion by the defendant in June of 1906. The defendant defaulted, and a reference was made to a master. Hpon his report a decree nisi was entered January 17th, 1913, and on July 18th following a final decree of divorce was granted. I have examined the…