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McQuigg v. McQuigg

13 Ind. 294 (1859)

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McQuigg v. McQuigg

Indiana Supreme Court
13 Ind. 294 (1859)

Facts

Edmund McQuigg (defendant) filed a petition to divorce his wife, Eliza Jane McQuigg (plaintiff). Edmund also filed an affidavit of non-residence. Thus, notice of the proceeding was given only by publication. Eliza did not appear in the proceeding, and the divorce was granted in May 1854. Edmund then married another woman. In August 1857, Eliza filed a complaint to set aside the divorce, arguing that it was obtained by fraud. The trial court granted Eliza’s complaint and set aside the divorce. Edmund appealed.

Rule of Law

Issue

Holding and Reasoning (Perkins, J.)

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