Tomlinson v. Tomlinson

The opinion of the court was delivered by

Johnston, C. J.:

This appeal involves a ruling of the district court refusing to set aside a judgment purporting to dissolve the *207marriage relation which had existed between Ernest Tomlinson and Jessie Tomlinson.

They were married in July, 1918, and on November 8, 1920, on the petition of Ernest Tomlinson and the proof made, the decree of divorce was entered. Jessie Tomlinson filed no answer and made no resistance to the granting of the decree. About two years after the divorce was granted she married another man, and thus recognized the validity of the…