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eBook details

• Title: Moeller v. Moeller
• Author : Supreme Court of Kansas
• Release Date : January 06, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The opinion of the court was delivered by This was an action to set aside a decree in a divorce case. It
is predicated on that portion of G.S. 1949, 60-3007, fourth
clause which reads:

"The district court shall have power to vacate or
modify its own judgments or orders, at or after the
term at which such judgment or order was made: . . .
Fourth. For fraud, practiced by the successful
party, in obtaining the judgment or order."

It was brought within the time authorized by 60-3008, and in the
manner authorized by 60-3011. The appeal is by defendant from the
order of the trial court overruling his demurrer to plaintiff's
second amended petition. The decree sought to be set aside was dated October 24, 1950,
in an action in which George F. Moeller (defendant here) was
plaintiff and Mildred H. Moeller (plaintiff here) was defendant
in case No. 18,478 in the district court of Johnson county. That
decree disclosed that the plaintiff had withdrawn his petition in
that case; that the defendant had filed an answer which contained
a general denial of all the allegations of misconduct charged
against her in the petition with a prayer that plaintiff take
nothing and asked for no affirmative relief. She had also filed a
cross petition principally devoted to allegations respecting the
property of the parties, the values placed thereon being in
excess of $160,000.00 but which contained no prayer for relief of
any kind. No reply had been filed thereto. The decree granted a
divorce to the defendant (plaintiff in this action) and required
plaintiff to pay defendant $20,000.00 and gave to him all the
remainder of the property.

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