Hodges v. Hodges ex rel. First Trust Co.

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

Two years after a decree of divorce and two years after the death of the divorced husband, the surviving party, through her guardian, filed a petition to set aside the divorce decree on the ground she was mentally incompetent. The hearing to set aside the decree was heard by the same district judge who granted the divorce and resulted in his refusal to grant the motion to set aside the divorce. The defendant-appellant alleges error as a matter of law.

The divorce action was filed by the husband in March of 1964 and came before the…