Myers v. Myers

On September 25, 1946, Clarence Myers obtained a default divorce from Grace Myers in the district court of Creek county based on publication service. Grace Myers, on May 3, 1947, filed her petition to vacate this judgment on the ground of fraud under 12 O.S. 1941 §1031 (4), alleging that plaintiff had falsely represented his residence to the court in that he had not been a resident of Oklahoma for the statutory period prior to instituting the action. The petition also sought to reopen and allow the defendant to defend under the provisions of 12 O.S. 1941 §176. Answer was attached to the…