McCracken v. McCracken
Court of Appeals of Kentucky
Case 110 — Action for a Divorce APPEAL FROM CAMPBELL CIRCUIT COURT. Judgment Setting Aside Judgment op Divorce and Dismissing Plaintipe’s Petition and he Appeals. 1. The lower court had no power to set aside the decree of divorce, especially in the absence of fraud by the successful party, either upon the court or on the unsuccessful party. 2. A judgment of divorce is a final order and can not bo appealed from, and in order to set aside such a judgment the party seeking…
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Case 110 — Action for a Divorce APPEAL FROM CAMPBELL CIRCUIT COURT. Judgment Setting Aside Judgment op Divorce and Dismissing Plaintipe’s Petition and he Appeals. 1. The lower court had no power to set aside the decree of divorce, especially in the absence of fraud by the successful party, either upon the court or on the unsuccessful party. 2. A judgment of divorce is a final order and can not bo appealed from, and in order to set aside such a judgment the party seeking relief therefrom must file a petition as in other cases stating facts showing that the decree was obtained by fraud either…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY-
Reversing.
It seems that appellant instituted this action in January, 1895, against the appellee, seeking to obtain a divorce, upon which summons was issued and duly executed *767January 5, 1895. On the 26th day of May, 1898, the judgment of divorce seems to 'have been entered. On the 16th of July, 1898, the following order was entered: “Came defendant and filed motion to set aside judgment herein, and judgment May 26, 1898, is set aside.” And thereafter, on July 27th, the affidavit of appellee was filed, in , which it is substantially stated that plaintiff’s…
2Cited by4 opinions
- Sebastian v. RoseCourt of Appeals of Kentucky · 1909
- Sanders v. SandersCourt of Appeals of Kentucky · 1919
- Droste v. DrosteCourt of Appeals of Kentucky · 1910
- Kenmont Coal Co. v. FisherCourt of Appeals of Kentucky · 1953