J. Allan Willis v. Margaret A. Willis

This is an action to set aside a decree of divorce granted to respondent-husband on April 22, 1967. The motion to vacate the judgment and decree was filed by appellant on October 11, 1967, just a few days prior to the expiration of six months after entry of the decree. The motion was based on "fraud of the defendant (respondent) and fraud upon the court." Respondent moved to quash the motion to vacate. Both parties based their motions upon affidavits and after hearing thereon the court denied the motion to vacate and granted the motion to quash. From this order this appeal was perfected. The appellant and respondent were married in New York on February 10, 1951 and lived together in Rochester, New York, until their separation on April 10, 1965. Respondent was an attorney at law with his office in Rochester. On August 9, 1966, respondent left Rochester and came to Boise, Idaho, where he rented an apartment. While he lived in Boise he maintained his Rochester law office and telephone listings, his legal secretary, and his apartment, filed for a renewal of his notary public's license for which he claimed to be a New York resident, and made a written application for the renewal of his automobile license in New York, stating that his legal address was "65 Broad Street, Rochester, New York."