Eyler v. Eyler

WEIDNER, J.,

A decree in divorce in this action filed by Owen v. Vera Eyler was entered October 1, 1969. This petition was filed by defendant in the action, to vacate or to open the decree because it was obtained by fraud.

This case may not be considered as a petition to vacate, since this court lacks the power to set aside a decree where no defect is apparent on the face of the record: Tanis v. Tanis, 206 Pa. Superior Ct., 213 *758(1965). Where new evidence —■ here, the charge of fraud, is introduced to sustain the attack, the petition should be one to open: Id. A petition to open in divorce…