Johnson v. Johnson

A divorce decree was rendered in favor of appellee against appellant in the circuit court of Jefferson, in equity, on December 1, 1925. The proceedings are entirely regular, and the cause unresisted by the defendant, answer being filed, and also waiver of notice as to time and place of taking testimony, and agreement for submission of the cause.

On the 5th day of December, thereafter, defendant filed a motion to have this decree set aside that he may be permitted to interpose a defense thereto. Such a motion is more properly designated as an application for rehearing under chancery court rule…