The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-06-27
IS FATALLY DEFECTIVE.
Mrs. Edgerton's Complaint Does Not
Set Forth Sufficient Facts
for Relief.
No Authority Found to Regard
the Billings Divorce
az Void.
She Is Given tho Right to Amend Her
Complaint and Make IT More
Specific.

Judge Hunt has rendered a decision in
Mrs. Edgerton's suit against Il. ID. EdRer-
ton for separate maintenance. The Bill
lings decree of divorce having been regu-
larry rendered in 1897, tho court therefore
holds that the plaintiffs complaint is fatal
ly defective by reason of Il failure to set
forth sufficient facts to relieve her of the bar
of the statute of limitations. But the court
thin ks she should have the right to amend,
and that the motion to strike this amended
complaint from the files should be denied
in the furtherance of Justice. In the def
ferson county case, which was brought to
set aside the Billings decree, the court says
the plaintiff sets up her marriage with de-
PENDANT; set forth that a decree
WAS obtained in Yellowstone coun-
ty dissolving the marriage between
plaintiff and defendant in 1887
and makes the judgment roll from the dis
trict court of Yellowstone county a part of
her complaint. She alleges that the judg-
ment and decree of divorce were void. She
then sets forth that she has a good defense
to that action. She denies the allegations
of the Yellowstone county complaint, and
says she never authorized E.. D. Weed or
any II else to appear for her in that suit.
She then sets forth that shortly before
May, 1887, the defendant told her he was
bound to have q divorce, and that he COM
PEELED her to sign a letter authorizing Mr..
Weed to appear for her in a suit for divorces.
She AYERS that Mr.. Weed assumed to ap-
pear for her by virtue of this letter written
and signed under fear of her life. and that
the plaintiff, knowing that the letter
to Mr.. Weed had been fraudulently
obtained, by using it. procured a decree in
Yellowstone county. Then follows para
graphs setting up that she did not discover
these facts until about Dec. 5, 1889.
The contention of the plaintiff, says the
court, is that the Billings decree was not
voidable, but absolutely void. Numerous
authorities are cited which have been care
fully examined. but none of which directly
sustain the propositions commended for so
earnestly by plaintiffs counsel, thaS is to
say, no authority is found which author
ICES a court to peremptorily regard as void
a Judgment of a court of general jurisdic-
tion where it appears affirmatlvely by the
record that the subject matter was within
the jurisdiction of the court itself, and
where there has been an appearance by the
defendant. either personal or by an attorney.
The next question passed upon is whether
this Judgment can be set aside, or whether
it is barred by the statute of limitations.
Judge Hunts opinion says the record IN the
case shows that the divorce was granted May
&c. 1887, and that this action in Jefferson
county was commenced Nov. %, 1890, three
years, six months and three days after the
decree was rendered, and one year, six
months and three days after the time al
lowed by the general provisions of the law
wherein she could sue. Plaintiff is there
fore barred unless she brings herself within
the exception provided for in actions of
fraud. She must clearly set forth when she
first discovered that this great wrong had
been done her; and until she does.
she has no standing in a court
of equity. Each particular ulti-
mate fact which formed a link
in the chain which ended in this al
legged wrong, and the time of the discovery
of each material fact. must be pleaded with
precision and accuracy, II in the ~clearest
and most unambiguous language and man
ner to save the plaintiff from the bar of the
statute of limitation.
SO far as a motion may go to the support
of the minor child, the court says it will en-
terrain any proper application made for his
support during this litigation and no preju
dice shall be hereby done to any motions
made in his behalf.
An amended complaint will be filed by
Mrs, Edgerton's attorn. ys within a few
days.