Thomas v. Thomas

Clara L. Thomas, plaintiff in error, instituted suit in the district court for a divorce from defendant. Personal service of process was had, but defendant failed to answer or make any appearance, and on February 7, 1895, a decree of divorce was granted.

On the 25, day of April, following, defendant filed a peti*171tion to vacate and set "aside the decree. On June 28, following, by permission of the court and consent of counsel, an amended petition was filed. To this, plaintiff interposed a demurrer, on the ground that it did not “state a cause of action against the plaintiff nor state’sufficient…