SMITH v. SMITH

No. 99-80.

427 A.2d 378 (1981)

Marilyn SMITH v. Richard Claud SMITH.

Supreme Court of Vermont.

February 3, 1981.


Attorney(s) appearing for the Case

Mark R. Butterfield and Joseph H. Badgewick of Ryan, Smith & Carbine, Ltd., Rutland, for plaintiff.

Natt L. Divoll, Jr., Bellows Falls, for defendant.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and SHANGRAW, C. J. (Ret.), Specially Assigned.


LARROW, Justice.

At their 1975 divorce the parties entered into a stipulation later incorporated into the judgment. It provided for custody of two children, support payments, and a division of assets. Later, two contempt motions and plaintiff's motion for relief from judgment under V.R.C.P. 60(b) resulted in a combined hearing. The 60(b) motion alleged newly discovered evidence and fraud in its concealment, leading to the original stipulation, which, among other things...

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