McQuigg v. McQuigg

In January, 1854, Edmund H. McQuigg *295filed his complaint in the Marion Circuit Court, praying a divorce from his wife, Eliza Jane McQuigg.

On affidavit of non-residence, notice was given by publication. In May following, the divorce was granted.

In August, 1857, said Eliza Jane filed her complaint in said Marion Circuit Court, praying that the judgment of divorce be vacated, set aside, and held for naught, on the ground of fraud in obtaining it. Trial, and judgment vacating the judgment of divorce.

The code provides as follows:

“Sec. 43. Parties against-whom a judgment has been rendered without…