Emery v. Emery

Elizabeth S. Emery brought an action in district court to vacate a decree of divorce granted to Charles W. Emery 22 months previously. From a judgment denying vacation Mrs. Emery has appealed.

One of the grounds assigned for vacating the decree is that proper service by publication was not obtained on Mrs. Emery as the defendant in the divorce action, and that the court thereby lacked jurisdiction to enter the decree.

Although counsel bases appellant’s attack on the service in a claim that the husband *747was guilty of fraud in connection with his attempted service by publication, we need not…