Dudgeon v. Dudgeon

Ellis, District Judge.

This is an appeal by plaintiff wife from the action of the district court denying her application to set aside a decree of that court granting her an absolute divorce.

The chronology of the proceeding's in the district court is as follows:

July 29, 1940, plaintiff filed petition alleging cruelty and praying for absolute divorce, custody of adopted minor child and other relief.

September 3, 1940, defendant filed answer.

September 16, 1940, plaintiff filed motion to amend her petition by changing prayer from one for absolute divorce to prayer for separate maintenance.

September…