Cox v. . Cox

Tbe defendant cannot, by motion in the cause, attack the decree of divorce for the extrinsic fraud alleged to have been practiced on the jurisdiction of the court. For that he must resort to an independent action. Horne v. Edwards, 215 N. C., 622, 3 S. E. (2d), 1; Woodruff v. Woodruff, 215 N. C., 685, 3 S. E. (2d), 5. But this is immaterial since motion in the cause is the proper remedy against an irregular judgment, and the facts alleged are sufficient to warrant consideration of the judgment assailed in that aspect.

Our procedure requires certain means of protection to be afforded a person,…