Cunningham v. Cunningham

The opinion of the court was delivered by

Smith, J.:

This is a proceedings begun by the defendant to vacate a judgment wherein a divorce was granted plaintiff and a contract dividing property was approved. The judgment was set aside as to the property division. The plaintiff in the original action has appealed.

The pleadings in the divorce case will be noticed at the outset. The petition alleged the marriage and the birth of two children, both of age, when the action was begun; that the parties had made an oral contract for the division of property; that defendant had been guilty of extreme…