Lemke v. Lemke

LeGRAND, Justice.

A default decree of divorce was entered against defendant on August 7, 1969. Thereafter he filed a petition under rule 252(e), Rules of Civil Procedure, asking that the decree be modified on the ground he was prevented from defending because of unavoidable casualty and misfortune. Defendants appeal from an order denying him the relief sought. We affirm the trial court.

The material portions of plaintiff’s petition to modify the decree are as follows:

“ * * * (2) At the time of separation of the parties just prior to the entry of this divorce decree, the defendant was under…