Johnston v. Johnston

Rogosheske, Justice.

Defendant appeals from an order partially denying a motion to vacate a divorce decree for fraud. The order vacated only those portions of the decree relating to support, alimony, and division of the property, and set these issues for trial in Dakota County.

The action for divorce by plaintiff-husband against defendant-wife was commenced on June 17, 1965, by service of the summons and complaint upon defendant by plaintiff’s attorney. Service was made within minutes after a conference between the parties and plaintiff’s attorney at which the parties executed a “written…