Moeller v. Moeller

The opinion of the court was delivered by

Harvey, C. J.:

This was an action to set aside a decree in a divorce case. It is predicated on that portion of G. S. 1949, 60-3007, fourth clause which reads:

“The district court shall have power to vacate or modify its own judgments or orders, at or after the term at which such judgment or order was' made: . . . Fourth. For fraud, practiced by the successful party, in obtaining the judgment or order.”

It was brought within the time authorized by 60-3008, and in the manner authorized by 60-3011. The appeal is by defendant from the order of the trial…