Smoot v. Smoot

An appeal from an order of the circuit court setting aside a default judgment for divorce. The husband, Willis L. Smoot, filed suit for divorce against his wife, Carrie L. Smoot, on July 2'9, 1931, alleging indignities, and obtained service by publication on the ground she was a nonresident.

Judgment by default was rendered at the September term (September 25, 1931). The defendant’s “Motion to Set Aside Default Decree” was not filed until the March term (April 19, 1932). Thus two terms, the November, 1931, and the January, 1932, terms of said court, had elapsed after the term at which the…