Cherry v. Cherry

This is an appeal from the action of the court in setting aside, upon its own motion, a decree of divorce granted to the plaintiff.

The divorce was granted upon December 10, 1929. No personal service was had upon the defendant, who resided in the State of California, but she was given notice by publication. Defendant did not appear at tbe trial. Thereafter, on January 9, 1930, Theodore C. De Feo, of the Jackson county bar, filed a motion to set aside the decree of divorce alleging’ that he was the acting divorce proctor and amicus curiae of the court. Among the grounds alleged in the mo'tion…