Prideaux v. Prideaux

The opinion of the court was delivered by

Harvey, C. J.:

This was a divorce action. The appeal is from an order of the court sustaining plaintiff’s demurrer to defendant’s petition to set aside a decree of divorce, previously rendered, upon the ground that it had been obtained by fraud. The petition was filed under the applicable provisions of G. S. 1935, 60-3007 to 60-3011. The trial court sustained the demurrer for the stated reason “that extrinsic fraud was not pleaded.”

From the record it appears the parties were married in January, 1925,- in Rawlins county, and continued to live there until…