Legal Opinion

Krumenacker v. Andis

North Dakota Supreme Court

Decided October 9, 1917PublishedCited by 21 opinions

Appeal from the District Court of Stark County, Honorable 77. C. Crawford, Judge. In an affidavit for service of summons by publication, in an action against one whose residence is unknown, the statement that his “whereabouts” are unknown to affiant is equivalent to a statement that his “residence” is unknown, and is a full compliance with the statute. Comp.

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Appeal from the District Court of Stark County, Honorable 77. C. Crawford, Judge. In an affidavit for service of summons by publication, in an action against one whose residence is unknown, the statement that his “whereabouts” are unknown to affiant is equivalent to a statement that his “residence” is unknown, and is a full compliance with the statute. Comp. Laws 1913, § 7428; Jablonski v. Piesik, 30 N. D. 543, 153 N. W. 274; Dallas v. Luster, 27 N. D. 450, 147 N. "W. 95; Horton v. Monroe, 98 Mich. 195, 57 N. W. 109; Leigh v. Green, 62 Neb. 344, 89 Am. St. Rep. 751, 86 N. W. 1093. For the…

1Opinion of the CourtGrace, J.

This appeal involves the interpretation of § 8725 of the Compiled Laws of 1913, and the sufficiency of an affidavit necessary for service by publication in the divorce proceedings referred to in this action. A complete statement of facts is necessary for a full understanding of the issues involved. For the salce of clearness it may be well to note at the inception that there are two Magdalena Krumen*506ackers wbo are interested in this action; — tbe plaintiff, wbo was tbe wife during his lifetime of Ludvig Krumenacker and who is the plaintiff in this case; the other Magdalena Krumenacker is the…

2Cases cited42 opinions

  1. Boswell's Lessee v. OtisSupreme Court of the United States · 1850
  2. Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890
  3. Parsons v. WeisCalifornia Supreme Court · 1904
  4. Empire Ranch & Cattle Co. v. ColdrenSupreme Court of Colorado · 1911
  5. Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817

37 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Hull v. RolfsrudNorth Dakota Supreme Court · 1954
  2. In Re Metcalf's EstateMontana Supreme Court · 1933
  3. Bartell v. MorkenNorth Dakota Supreme Court · 1954
  4. In Re Estate of ParkinsonCalifornia Supreme Court · 1924
  5. Talcott v. BaileyNorth Dakota Supreme Court · 1926

16 more not listed; retrieve them via the Exa API.

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