Smith v. Smith
Missouri Court of Appeals
Appeal from the Knox Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) Where a decree of divorce has been obtained by fraud or deceit,' as where the complainant has practiced fraud or trickery to prevent the defendant from having notice of the suit, or from appearing in the action or from answering or defending the same, the innocent and deceived party may undoubtedly obtain the opening or vacating of the decree by making timely application and showing good cause.
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Appeal from the Knox Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) Where a decree of divorce has been obtained by fraud or deceit,' as where the complainant has practiced fraud or trickery to prevent the defendant from having notice of the suit, or from appearing in the action or from answering or defending the same, the innocent and deceived party may undoubtedly obtain the opening or vacating of the decree by making timely application and showing good cause. Black on Judgments, sec. 320 ; Homes v. Homes, 63 Me. 420 ; Hdson v. Edson, 108 Mass. 590; Mansfield v. Mansfield, 26 Mo. 163. (2)…
1Opinion of the CourtRomuattek, P. J.
The plaintiff, on March 24, 1891, filed a petition for divorce in the Knox county circuit court, charging the defendant with such indignities towards him as rendered his condition intolerable. This petition, among other things, stated that the plaintiff and defendant were married in January, 1874, and continued to live together as husband and wife in Knox county, Missouri, from that time until February, 1891. The statutory affidavit to the petition was made by the plaintiff on the twenty-fourth day of March, 1891, before the circuit clerk of Knox county,- but the petition did not aver in…
2Cases cited5 opinions
- Werz v. WerzMissouri Court of Appeals · 1881
- Hansford v. HansfordMissouri Court of Appeals · 1889
- Pate v. PateMissouri Court of Appeals · 1878
- Salisbury v. SalisburySupreme Court of Missouri · 1887
- Childs v. ChildsMissouri Court of Appeals · 1882
3Cited by11 opinions
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- Bancroft v. BancroftCalifornia Supreme Court · 1918
- Collins v. CollinsMissouri Court of Appeals · 1893
- Stansbury v. StansburyMissouri Court of Appeals · 1906
- Coulter v. CoulterMissouri Court of Appeals · 1907
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