Wells

This is an appeal from a judgment setting aside the judgment of abandonment of the juvenile court and a judgment of adoption predicated thereon on the ground that the juvenile court was without jurisdiction in the premises for the reason that fraud was practiced on the juvenile court in that an order for the service of citation by publication in the abandonment proceedings was procured by means of a false affidavit of appellant Nina M. Zenz.

Respondents Charles E. Wells and Ada Wells are the parents of the minor child Elvira Wells and brought this suit in equity to set aside the judgments on the ground of fraud. The trial court found in favor of respondents and entered judgment accordingly.

Appellants urge in support of their appeal that there was no fraud and the evidence does not sustain a finding of fraud; that a court of equity will not do an idle thing and the findings do not support the judgment.

The court found that some of the facts set forth in the affidavit for publication made by appellant Nina M. Zenz upon which the order for publication of the citation was made were false and untrue in that she stated that she knew of no other way or means in which to locate the…