Metcalf v. Metcalf

Opinion of the Court by

Judge Dietzman

Affirming.

Appellant, Della Metcalf, brought this suit in 1930 under subsection 4 of section -518 of the Civil Code of Practice to set aside, on the ground of fraud in its ob-tention, a judgment of divorce entered in the Ballard circuit court on tbe 4th. day of October, 1926, on constructive service. A demurrer being sustained to her petition and she declining to plead further, it was dismissed. She has appealed.

The appellant avers in her petition that she and her husband were married in Missouri and spent their mar ried life together in Illinois nntil they…