Cole v. Cole

BRADY, Judge.

The trial court overruled defendant’s motion to set aside a default divorce decree granting a divorce to plaintiff. Defendant appeals.1

When plaintiff filed his action defendant was served in the City of St. Louis with a summons and a copy of the petition. The copy of the petition served did not have the affidavit of plaintiff attached thereto to the effect the facts stated therein were true according to his best knowledge and belief and the other statements required by § 452.040, V.A.M.S. The petition filed did have such an affidavit. Defendant took the summons and copy of the…