Barnette v. Miller
Supreme Court of Arkansas
Appeal from Scott Chancery Court; W. A. Falconer, Chancellor; 1. A divorce decree can be set aside on bill of review after the death of the husband. 80 Ark. 451; 44 L. R. A. (N. S.) 507 and note; 77 Atl. 766; 2 Bishop Mar. & Div., § 1554-5. 2. The delay was explained and the findings and decree are against the evidence. The decree was obtained by fraud. 75 Ark. 415; 80 Id. 451.
1Opinion of the CourtMcCULLOCH, C. J.
The plaintiff, Emilie Barnette, intermarried with M. C. Miller in Sebastian County, Arkansas, in the year 1891, and they lived together in Sebastian and Scott counties, Arkansas, until the year 1908, when they separated in Scott County and a decree for divorce was rendered by the chancery court of Scott County in an action instituted by the present plaintiff against her said husband. The decree, in addition to a divorce, awarded to the plaintiff the sum of $500 out of the property of M. C. Miller, and also required the latter to pay the cost and attorneys’ fees. After the divorce was granted…
2Cases cited1 opinion
- Womack v. WomackSupreme Court of Arkansas · 1904
3Cited by4 opinions
- Fairclough v. St. AmandSupreme Court of Alabama · 1927
- Oberstein v. ObersteinSupreme Court of Arkansas · 1950
- James v. JamesSupreme Court of Oklahoma · 1928
- Oberstein v. ObersteinSupreme Court of Arkansas · 1950