Smith v. Smith

Duckworth, Justice.

The petition seeks to enjoin enforcement of a contempt order for non-payment of a judgment for alimony, and to set aside the alimony judgment, on grounds of alleged fraud. An exhibit attached to the petition shows a written acknowledgment of service, waiver of process, and appearance, signed by this petitioner, which it is admitted was filed as a part of the pleadings in the alimony proceeding. The petition alleges that this acknowledgment of service was intended for the divorce suit only, and that the fraud consists in the fact that the suit was for divorce and alimony.…