Howard v. Howard

HALL, Justice:

Plaintiff appeals from an order denying his motion to vacate a decree of divorce granted in favor of defendant.

The circumstances which give rise to this appeal are as follows: On July 3, 1973, defendant (then plaintiff) prepared a complaint, to be filed in the district court of Salt Lake County, State of Utah, seeking a divorce from plaintiff, (then defendant) her husband of eight and a half years. Two days later, plaintiff executed and signed a document entitled “Appearance and Waiver,” wherein the following pertinent language appeared:

[Plaintiff] does hereby waive the service…