Hustana v. Hustana

PRESIDING JUSTICE FRIEND

delivered the opinion of the court.

Defendant appeals from an order dismissing her petition to vacate a divorce decree entered in the Superior Court on May 31, 1938. The petition was filed in the same proceeding in which the decree was entered, and alleged that, although regular on its face, the affidavit of nonresidence which formed the jurisdictional basis of the 1938 decree was defective in that plaintiff, knowing defendant’s correct address in Leipzig, Germany, where she then resided, fraudulently concealed that fact in executing the affidavit of nonresidence; that,…