Show AN interesting CASE A NEW YORK LADY ASKS THAT A DECREE OF DIVORCE GRANTED 32 YEARS AGO BE VACATED claims the old territorial probate court had no jurisdiction to grant divorces says her husband got a divorce secretly notice of motion and a petition to vacate judgment and dismiss action in the case of elias D strunk against jane B strunk was filed with clerk of the district court hollingsworth today by herbert R macmillan as attorney for mrs strunk in the notice oi motion it states the defendant by her attorney will on april 23 1902 at 10 a in appear in the district courtroom and move the above court to vacate and set aside the judgment entered in said action on september 14 1879 in probate court of weber county territory of utah now the district court of weber county and dismiss the action on the following grounds 1 that the territorial probate court had no jurisdiction to grant divorces 2 eliat at time of rendering the judgment the plaintiff was not a resident of utah that the defendant was a resident of IOA 4 that at the time of granting afe judgment the plaintiff was absent from utah in the petition to vacate judgment and dismiss action alie following facts are set put I 1 on july 1870 the action wai bi ought before honorable F 8 richards by filing a 2 that service of the summons publication was biad in ogden city through a newspaper known as the ogden junction 3 on september 14 1870 during the absence of bogli the plaintiff and defend and from utah the action called for trial the probate court and on testimony af A minor and 11 M of ogden neither of eliom were acquainted with the facts of the case or of the plaintiff or defendant or their married life a judgment was entered against the defendant in favor of plaintiff decreeing a dissolution of the bonds of matrimony between the plaintiff and defendant with the above alleged facts beet out the defendant asks that the judgment and decree of divorce made and entered in said probate court on september 14 1870 bo vacated act aside and licad for naught that the action be reopened and dismissed and the defendant restored to all rights to which she was entitled before the action was commenced alie above two named papers are the depositions of mrs jane strunk and georganna Geor gauna strunk daughter of celiaa D strunk and jane II 11 strunk taken in new york county state of new york march 17 1002 alie deposition of mrs strunk states that they were married on november 10 1833 and at the outbreak of the civil war in 1800 mr strunk entered the union army from the state of iowa and was discharged in and into in the fall of the plaintiff left their home then in keokuk iowa and this is the last time ehe has seen him |