Hodge v. Hodge

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from an order overruling a demurrer to a petition to vacate a judgment allegedly obtained by extrinsic fraud.

The facts, insofar as here pertinent, are not in dispute. Since the statute of limitations is involved dates will be noted. On January 29, 1958, Ray Hodge filed an action for divorce against his wife, Rosella Hodge. On January 9, 1959, Rosella filed a cross-petition for divorce. On January 16, 1959, judgment was entered in the action granting a divorce to Rosella and approving a property settlement.

On May 7, 1959,…