Donley v. Donley

This is an appeal from an order vacating an annulment decree on the ground of fraud in procuring the defendant to sign an appearance and waiver of summons. The proceeding was instituted under the fourth subdivision of section 556, O. S. 1931 (12 Okla. 'St. Ann. sec. 1031). The material facts are these: Plaintiff and defendant were married January 17, 1933. At that time defendant had a child, born out of wedlock, about six months of age, and she claimed that plaintiff was its father. The marriage was consummated for the purpose of legitimating the child. The parties did not live together after…