Travis v. Estate of Travis

In Travis v. Estate of Travis, 79 Wyo. 329, 334 P.2d 508 (1959), a probate court vacated and set aside as void a district court's earlier decree of divorce. On appeal, the Travis appellants asserted that the decree had been attacked collaterally in violation of law. The Travis appellees, relying on Wyoming cases, asserted that a judgment affirmatively appearing on the face of the record to be void may be attacked collaterally or otherwise. In deciding the issue, the Court then necessarily undertook to decide whether or not the record, on its face, showed the divorce decree to be void. Ultimately, the court determined that the record did not make that showing sufficiently to overcome the presumption of jurisdiction recited in the district court's order. Id.