Ashton v. Ashton

On July 20, 1943, plaintiff, Jess Ashton, filed this action for divorce in the district court of Choctaw county. Service on the defendant, Ruby Ashton, was obtained by publication, and on September 13,- 1943, a divorce by default was granted to plaintiff. On February 26, 1944, defendant tiled a petition to vacate the decree, which petition was duly heard by the trial court and sustained. The trial court sustained the petition to vacate the decree on the ground that the evidence established that plaintiff was not a resident of Choctaw county at the time the suit was filed. Plaintiff appeals.

The…