Emery v. Emery

I agree with the holding of the majority that the decree of divorce was void for want of jurisdiction over the appellant because of the defective service of process. I would also agree that appellant was free to attack the decree “in any way and at any time * * * by proper proceedings,” Bank of Commerce v. Williams, 52 Wyo. 1, 69 P.2d 525, 531, 110 A.L.R. 1463, and no showing of a defense to the action was necessary in support of the application to vacate the decree, Wunnicke v. Leith, 61 Wyo. 191, 157 P.2d 274, 279. My disagreement is with the premise that the trial court was compelled to…