Pennington v. Pennington

Defendant, Louise Pennington, filed a petition to vacate a 1956 divorce decree obtained by the plaintiff, William Pennington. The trial court found that plaintiff-had committed a fraud upon the court by a false affidavit of nonresidence, and entered an order vacating the decree and dismissing plaintiff’s complaint for divorce with prejudice. Plaintiff appeals, contending that the trial court was without jurisdiction to grant relief after more than 2 years from the entry of the decree and that the affidavit of nonresidence fully complied with the statutory requirements for service by…