Woolley v. Woolley
Indiana Supreme Court
APPEAL from the Sullivan Circuit Court.
1Opinion of the CourtPerkins, J.
This was an application, under § 99, 2 R. !S. p. 48, to set aside a judgment of divorce and alimony. The statutory provision is as follows: “ The Court may, also, in its discretion, allow a party to file his pleadings after the time limited therefor; and at any time within one year, relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings.” The application was filed the day before the year expired; *664the judgment was set aside, so far as alimony was concerned, the day after the year expired.
In…
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