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HODGE v. HODGE

No. 43,210

191 Kan. 390 (1963)

381 P.2d 329

ROSELLA HODGE, Appellee, v. RAY HODGE, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1963.

Attorney(s) appearing for the Case

James R. Barr, of Wichita, argued the cause and Clifford H. Pugh, of Wichita, was with him on the briefs for the appellant.

John W. Sowers, of Wichita, argued the cause and Clarence R. Sowers, of Wichita, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from an order overruling a demurrer to a petition to vacate a judgment allegedly obtained by extrinsic fraud.

The facts, insofar as here pertinent, are not in dispute. Since the statute of limitations is involved dates will be noted. On January 29, 1958, Ray Hodge filed an action for divorce against his wife, Rosella Hodge. On January 9, 1959, Rosella filed a cross-petition for...

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