Barbra v. Barbra

Mb. Special Justice Davis

delivered the opinion of the Court.

"The complainant, a non compos mentis, through her next friend, filed this bill to impeach, for fraud, a divorce decree which the defendant obtained on October 23, 1934. There was a demurrer by the defendant, on the ground that, under Code, section 90391, an appeal is the only method of reviewing errors in divorce cases. The chancellor overruled this demurrer, but permitted an appeal, which has been perfected, and the chancellor’s decree assigned as error.

The case set up in the bill is that complainant and defendant were married in…