Prewett

Appeals from the judgment and from ' the order denying plaintiff a new trial.

Plaintiff, the divorced wife of James L. Prewett, commenced this action against his personal representative after his death, asking the court to set aside the judgment and decree of divorce obtained by Prewett, upon the ground that the same were procured by fraud. Judgment in that case was rendered upon July 10, 1882. Plaintiff’s action was commenced upon April 8, 1893, but she pleads that she was in ignorance of the divorce proceedings until December, 1892.

Defendant, besides denying the material allegations of the complaint, pleads the statute of limitations. The court finds against plaintiff upon the issues of fraud, and for defendant upon her plea that plaintiff’s cause *157 of action is barred by the provisions of subdivision 4 of section 338 of the Code of Civil Procedure. If this finding is justified it is determinative of plaintiff’s right to maintain this action, and renders superfluous any examination and discussion of the evidence upon the charges of fraud.

The finding of the bar of the statute is, therefore, first to be considered, and herein as to the facts: James L. Prewett and plaintiff…