48 Iowa 701 | Iowa | 1875
supplemental opinion.
A petition for rehearing having been presented in this case (see 46 Iowa, 648), in which it is contended that a decree of divorce cannot be set aside on the ground that it was fraudulently obtained, it is proper that we should say that in this case the alleged fraud consisted, among other things, in assuming a colorable residence in Monroe county, where the action for divorce was brought, and decree rendered. The language of the petition upon this point is in the following words : “ Said Henry Bush never had any residence in Monroe county, in good faith, but, on the contrary, the real residence of said Henry Bush for more than twenty years now last past has always been in the county of Fayette, in this State, where the plaintiff lived with him as his wife for the greater part of said time; that said Henry Buslx, a few months previous to the April Term, 1875, of this court, fraudulently assumed a colorable residence in said Monroe county, in a community where he and the plaintiff were