Gillen v. Gillen

Appeal from an order vacating a decree of divorce. On March 23, 1943, Robert Gillen, plaintiff, filed an action for divorce against Marguerite Gillen, defendant, alleging desertion. The complaint alleges residency of plaintiff in Montana for more than one year immediately preceding the commencement of the action. No service of summons was had. A general demurrer to the complaint was filed in behalf of the defendant by one E. B. Parsons, an attorney, on April 8, 1943. Thereafter said Parsons and plaintiff’s attorney signed a stipulation, in behalf of the parties, “that the demurrer heretofore…