McCarthy

This is an appeal from an order of the trial court denying plaintiff’s motion to set aside the interlocutory and final decrees entered in an action for divorce.

The interlocutory decree was entered on February 21, 1917, and the final decree was entered on March 8, 1918. Plaintiff claims that the final decree was “secretly entered” after the parties had resumed marital relations. It appears, however, from the recitals in said final decree that it was entered upon “the motion of the attorney for plaintiff”. It further appears that on May 21, 1918, plaintiff made an affidavit charging defendant with contempt of court and that in said affidavit plaintiff alleged “that on or about March 8th, 1918, said final decree was signed and entered herein”. The defendant died on June 27, 1935, and it was not until March 16, 1936, that plaintiff filed her notice of motion seeking an order setting aside said decrees. Plaintiff attempted to show by the affidavits accompanying her motion that the final decree had been obtained through fraud but the trial court denied the motion and it appears from the opinion of the trial court that it based its action upon the ground that the motion had not been…