Bagsby v. Bagsby

The plaintiff was granted a divorce from his wife during her absence from the state. He obtained service of summons by publication. During a second succeeding term of court, having discovered the fact, the defendant filed a verified petition to vacate the judgment on the ground that the plaintiff, by filing a false affidavit, had fraudulently induced the court to assume jurisdiction. Attached to the petition was the copy of the judgment sought to be vacated, and the proposed answer and cross-petition of the defendant. Issue was joined and trial had, at which evidence was heard, and the trial…