Waller v. Waller
Supreme Court of Minnesota
Action in the district court for Norman county to dissolve a marriage contracted without the consent of plaintiff. The defendant did not answer or appear. The case was tried before Watts, J., who ordered judgment in favor of plaintiff. From an order vacating the judgment and allowing defendant to answer, plaintiff appealed.
1Opinion of the CourtLewis, J.
This action was brought for the purpose of having the marriage between appellant and respondent declared void upon the ground of fraud and duress. No appearance having been made by respondent, judgment was entered upon default. Respondent then moved to open the judgment and for leave to answer. The trial court granted the motion, and the question here is: Did the court have power to open such judgment, and, if so, was there an abuse of discretion?
This is not an action for a divorce under section 3574, R. L. 1905, but it is an action to secure the annulment of the marriage, as provided by…
2Cited by2 opinions
- Troska v. BrechtSupreme Court of Minnesota · 1918
- Integrity Mutual Casualty Co. v. NelsonSupreme Court of Minnesota · 1921