Craig v. Craig

Citations

• 110 Kan. 13
• 202 P. 594
• 1921 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment of this Court Procured by Fraud — May be Set Aside. The supreme court has both inherent and statutory power to prescribe a rule of procedure whereby an order of the supreme court reversing a judgment which was procured b3' the fraud of a litigant may be set aside and corrected.</p> <p>2. Judgment of Reversal — Procured by Fraud oj Appellant — Motion to Set Aside — Procedure to Bring Appellant into Court. The filing of a motion to set aside an order of the supreme court reversing a judgment procured by the fraud of an appellant, a copy of which motion was personally served upon him, and due notice given him of the time set for the hearing of such motion, is a proper and sufficient procedure to bring the appellant into court and to challenge the attention of the court thereto.</p> <p>3. Same — Motion to Set Aside Judgment — A Direct Attack Upon Such Judgment. A motion, to Bet aside an order of the supreme court reversing a judgment, on a sufficient showing that the order was procured by the fraud of the .appellant, is a direct attack upon the order of reversal.</p> <p>4. Same — Devisees Named in Will of Deceased Appellee — Proper Parties to Attack an Order of Reversal Procured by Appellant’s Fraud. Devisees under an appellee’s will, and the successors to her estate, and her executor, may properly present a motion -in the supreme court calling its attention to alleged fraudulent conduct of the appellant, whereby the court was induced to order a reversal of the judgment of the trial court.</p> <p>5. Divorce; — Decree—Appeal—Death of Appellee — Action for Divorce Abated —Rights of Property Not Determined. The death of 'a party to an action for a divorce, pending its appeal, abates the action or appeal so far as it affects the marital status, but it does not necessarily abate the action or appeal so far as property rights are concerned.</p> <p>6. Divorce — Appeal — Death of Appellee — Order of Reversal Procured by Fraud of Appe