Mellie Smith, Appellant, v. Alfreda Smith, Appellee.

(Not to Ibe reported in full.)

Appeal from the Circuit Court of Clinton county; the Hon. Thomas M. Jett, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 1, 1914.

Statement of the Case.

Bill filed by Mellie Smith against Alfreda Smith to review a decree setting aside a previous decree of divorce between William B. Smith and the defendant. From a decree dismissing the bill for want of equity, the complainant appeals.

*541H. G. Weber, for appellant.

John J. McGaffigan, for appellee.

Abstract of the Decision.

Divorce, § 61 * —when bill of review to annul decree properly dismissed. Where a man obtained a divorce from his wife and married again, and the first wife thereafter had the divorce decree set aside, and the husband died, held, on bill for review filed by the second wife against the first wife to have the decree setting aside the former decree of divorce between the husband and the first wife annulled, that a decree dismissing the bill for want of equity was proper for the reason that complainant was not a party entitled to a review of the decree there being no averment of fraud in obtaining the decree and no averments showing an excuse for laches.