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HODGES v. HODGES

No. 11309.

435 P.2d 784 (1967)

Wesley HODGES, Plaintiff and Respondent, v. Nina M. HODGES, by her guardian First Trust Company of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided December 29, 1967.

Attorney(s) appearing for the Case

Joseph R. Marra (argued), Angland, Marra and Robert Gillan (argued), Great Falls, for defendant and appellant.

Weber, Bosch & Kuhr, Fred J. Weber (argued), Havre, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

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...

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