Page:North Dakota Reports (vol. 3).pdf/386

County, charging respondent with dissertion and adultery. That subsequently an order for publication of summons was procured in said case, and that the affidavit upon which such order was obtained was false, and known by appellant and his attorney to be false when made, in that it was stated therein that respondent's residence was at Philadelphia, Pa. when it was well known to them that her residence in summer, was at Sea Girt, N. J., and, in winter, at Bryn Mawr, in Montgomery County, Pa., and that she had no residence whatever at said City of Philadelphia; that the summons in this case was published in a weekly newspaper at Fargo, in said Cass County, but that no copies of the summons and complaint were ever mailed to her, at her place of residence, as the statute requires, but the same, if mailed at all, were sent to said City of Philadelphia, and that all this was done for the purpose of preventing respondent from gaining any knowledge of the pendency of this action. The answer filed by the respondent in the case brought in Stutsman County is made a part of the petition in this case. In that answer, respondent specifically charged appellant with deserting her and with long continued adulterous intercourse with one Lena de Zychlinski, and denied that he was a resident of this state. Respondent denies all desertion and all adultery on her part. She had no knowledge of the pendency of this action until after the decree was rendered, and until after October 22nd, 1891. That she then read in a newspaper published in New York City the announcement of the divorce of Louis A. Yorke from Emma M. Yorke, and his subsequent marriage to the Countess de Zychlinski. The evidence is also reviewed in the petition, and the claim made that it was insufficient to support the decree, and that it was false. The relief asked by the petitioner is as follows: ‘The defendant, Emma M. Yorke, therefore respectfully asks the court, upon the further consideration of the record, proceedings, and evidence in said cause, to open and set aside said judgment and annul said decree therein, and if said court cannot summarily open and set aside and annul said judgment and decree upon the irregularities,