Vanness v. Vanness
Supreme Court of Arkansas
Appeal from Cleburne Chancery Court; Geo. T. Humphries, Chancellor; 1. No fraud is shown. It is never presumed; it must be proven by clear and convincing evidence. Appellant believed his wife had moved to Kansas. 2. The present wife should have been made a party. Kirby’s Digest, § § 6006-7; 37 Ark. 517; 28 Id. 171; Bishop on Mar. & Div., vol. 2, § 1533; 97 Ark. 122. 3. Appellant had remarried. 73 Ark. 281. Appellee was guilty of laches; her suit came too late.
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Appeal from Cleburne Chancery Court; Geo. T. Humphries, Chancellor; 1. No fraud is shown. It is never presumed; it must be proven by clear and convincing evidence. Appellant believed his wife had moved to Kansas. 2. The present wife should have been made a party. Kirby’s Digest, § § 6006-7; 37 Ark. 517; 28 Id. 171; Bishop on Mar. & Div., vol. 2, § 1533; 97 Ark. 122. 3. Appellant had remarried. 73 Ark. 281. Appellee was guilty of laches; her suit came too late. The delay was inexcusable. 1. The decree was obtained by fraud on the court. 14 Cyc. 591-2; Kirby’s Digest, § § 591-2, 6055. 2. No…
1Opinion of the Court
Wood, J.,
(after stating the facts). I. The statute provides that proceedings for divorce shall be in the county where the complainant resides, and that the process may be directed in the first instance to any county in the State where the defendant may reside. Kirby’s Digest, § 2674.
It was held in Wood v. Wood, 54 Ark. 172, 174, that this statute contemplates actual, and not constructive, residence.
(1-2-3) One of the grounds for which judgments may be set aside is, “Fraud practiced by the successful party in obtaining .the judgment or order.” It was purely a question of fact as to whether the…
2Cases cited3 opinions
- Wood v. WoodSupreme Court of Arkansas · 1891
- Corney v. CorneySupreme Court of Arkansas · 1910
- Vittitow v. BurnettSupreme Court of Arkansas · 1914
3Cited by18 opinions
- Squire v. SquireSupreme Court of Arkansas · 1932
- Tarr v. TarrSupreme Court of Virginia · 1945
- Cherry v. CherryMissouri Court of Appeals · 1931
- Wood v. WoodSupreme Court of Arkansas · 1919
- Feigenbaum v. FeigenbaumSupreme Court of Arkansas · 1946
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