Carnahan v. Carnahan

UDALL, Justice.

This is an appeal from an order denying defendant’s motion to vacate a judgment theretofore entered in favor of plaintiff in a divorce action.

The record discloses these facts: on July 22, 1946, the plaintiff, Christian Paul Carnahan (appellee), filed a complaint for divorce against his wife, Martha Marie Carnahan (defendant-appellant), in which there was no specific allegation as to the statutory residence of plaintiff. The parties will be referred to as they appeared in the trial court, i. e. plaintiff and defendant. The complaint merely alleged that “plaintiff and defendant…