Miller v. Miller

FOSTER, Justice.

The bill in this case was filed by appellant and seeks to set aside a decree of divorce on the ground of fraud in its procurement.

The equity of it was sustained by this Court on former appeal—234 Ala. 453, 175 So. 284, 286—to the extent “that there was [alleged to have been] imposition upon the court in representing to the court testimony which in fact was not given by the witness” Gorman Lambert. This was predicated upon allegations in the bill that the decree of divorce was procured by fraud, in that one of the witnesses on whose testimony it was rendered did not appear…