Jenkins v. Goldwater

OPINION

By the Court,

Thompson, C. J.;

Appeal is taken from the district court’s denial of a Rule 60(c) 1 motion to vacate a default judgment annulling a marriage. The defendant was not personally served with process in Nevada or elsewhere. Service was by publication. His motion to vacate was timely filed within six months from date of rendition, and was supported by an affidavit and a proposed answer to the merits denying material averments of the complaint. The record does not reflect that the defendant had knowledge of the pendency of the annulment case. He did learn of the judgment of…