O'Connell v. O'Connell

Maxwell, Ch. J.

I. In the year 1879 the defendant in error obtained a decree of divorce from the plaintiff in error in the district court of Otoe county, upon the ground of abandonment. The plaintiff herein was a non-resident of the state, and service was had upon her by publication. At -the April, 1880, term of said court, the plaintiff herein filed an answer to the petition, together with an affidavit and motion, under section 82 of the code, to set aside the decree and be let in to defend, upon the ground that she had no actual notice of the pendency of the action before the decree was…