Hinton v. Hinton

Opinion by

Linn, J.,

This appeal is from an order discharging a rule to show cause why a decree of divorce should not be vacated and respondent allowed to defend.

March 8, 1927, the husband filed his libel charging cruelty and indignities -within the terms of the divorce statute. Personal service was made on the wife, who did not appear. November 4,1927, a decree of divorce was granted on testimony taken by a judge in open court. February 25, 1928, the wife filed her petition averring that the divorce was obtained by fraud; that the charges in the libel were untrue and that she wished to prove…