Corney v. Corney
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; A decree for divorce can be set aside to the extent only of permitting a defendant constructively summoned to appear and defend as for alimony. Kirby’s Digest, § 6259. Before a judgment or decree will be vacated, the defendant must allege and prove that he has a valid defense to the action.
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Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; A decree for divorce can be set aside to the extent only of permitting a defendant constructively summoned to appear and defend as for alimony. Kirby’s Digest, § 6259. Before a judgment or decree will be vacated, the defendant must allege and prove that he has a valid defense to the action. Kirby’s Digest, § 4434; 54 Ark. 539; 73 Ark. 281. Appellee’s own testimony shows that she had no fixed or permanent residence in the State at the time the original suit was brought and warning 'order published. She was not a resident of…
1Opinion of the CourtMcCulloch, J.
Appellant, Robert B. Corney, obtained a decree for divorce from his wife, Mary F. Corney, in the chancery court of Sebastian County, Fort Smith District, on March 18, 1903. The suit was commenced on September 22, 1902, and a warning order was duly issued and published. Appellee brought this suit in said 'court to set aside the decree for divorce on the alleged ground that it was procured by fraud practiced upon appellee and upon the court. It is alleged in the complaint that appellant, at the time of the institution of said suit for divorce and during its pendency, was not a resident of the…
2Cases cited1 opinion
- Womack v. WomackSupreme Court of Arkansas · 1904
3Cited by14 opinions
- Logsdon v. LogsdonCourt of Appeals of Kentucky · 1924
- Anderson v. AndersonSupreme Court of Arkansas · 1954
- Murphy v. MurphySupreme Court of Arkansas · 1940
- Oberstein v. ObersteinSupreme Court of Arkansas · 1950
- Feldstein v. FeldsteinSupreme Court of Arkansas · 1945
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