Bomsta v. Johnson
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Kandiyohi county, to set aside and annul a decree of divorce rendered in 187$ between herself and her husband John A. Bomsta, who-died in 1885-, The defendants are the administrator of John A. Bomsta, and Pauline Ganner, who married the deceased immediately after the entry of the decree of divorce. Plaintiff appeals from an order by John II.
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Plaintiff brought this action in the district court for Kandiyohi county, to set aside and annul a decree of divorce rendered in 187$ between herself and her husband John A. Bomsta, who-died in 1885-, The defendants are the administrator of John A. Bomsta, and Pauline Ganner, who married the deceased immediately after the entry of the decree of divorce. Plaintiff appeals from an order by John II. Brown, J., sustaining a demurrer to the complaint, and directing that the defendants have judgment that the plaintiff take nothing by this action.
1Opinion of the CourtCollins, J.
Demurrer to a complaint in an action conceded to have been brought by virtue of Gen. St. 1878, c. 66, § 285, to set aside and annul a judgment in divorce a vinculo matrimonii, entered in 1879, upon alleged default of defendant, the plaintiff herein, who was charged with adultery. Immediately after the entry of said judgment, plaintiff in said action married Pauline Ganner, one of the defendants herein, by whom he had one child at least, and with whom he lived until his death in 1885. There are several children living, the issue of the marriage between this plaintiff and deceased, neither of…
2Cases cited5 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- State v. ArmingtonSupreme Court of Minnesota · 1878
- State v. WhitcombSupreme Court of Iowa · 1879
- Whetstone v. WhetstoneSupreme Court of Iowa · 1871
- Everett v. EverettWisconsin Supreme Court · 1884
3Cited by28 opinions
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Corkum v. ClarkMassachusetts Supreme Judicial Court · 1928
- Lawrence v. NelsonSupreme Court of Iowa · 1901
- Dennis v. HarrisSupreme Court of Iowa · 1915
- Brockman v. BrockmanSupreme Court of Minnesota · 1916
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