Dunbar v. Dunbar

POPE, Justice.

This is an appeal from a judgment of the trial court refusing to set aside a prior divorce decree on appellant’s petition in the nature of a bill of review.

On September 29, 1949, Curtis Dunbar filed a divorce suit against his wife, Billie Dunbar. Two days later, she answered his petition but sought no affirmative relief. On November 9, 1949, after the court had heard evidence in the suit but before the trial judge had ruled, Curtis Dunbar filed a motion for nonsuit. The court took no action on the motion and counsel for both parties left the court room. The following day all…