Lantinga v. Lantinga

In this divorce case plaintiff was granted leave to appeal in the nature of mandamus with accompanying certiorari from an order of the trial court setting aside a pro confesso decree of divorce granted to plaintiff and permitting defendant to file an answer and cross bill. The relief sought on this appeal is that this Court order the trial court to vacate the above-mentioned order. Plaintiff asserts that by reason of Court Rule No. 48, § 1 (1945), the trial court was without power to set aside its former decree. The pertinent portion of the rule reads:

"SECTION 1. On proper cause shown, a…