Miller v. Miller

I agree with the principles stated in paragraphs 1, and 2 of the syllabus, but as I see it those principles have no application in this case. This is not a case where a default judgment was taken through mistake, inadvertence, surprise or excusable neglect on the part of the defendant. It is a case where a defendant who consented to and colluded in the procurement of a judgment and who accepted benefits thereunder moves the court to vacate such judgment.

On July 1, 1947, the plaintiff brought this action for divorce against the defendant. On July 5, 1947, the summons and com plaint in the…