Canavan v. Canavan
New Mexico Supreme Court
Appeal from District Court, McKinley County. The decree, judgment in contempt, and all proceedings in this cause, are coram non judice and void for want of jurisdiction of the subject matter. 2 Fed. Stats. Ann. 838; 2 Bishop Mar. & Div. sec. 593; 14 Cyc, 663; Pate v. Pate, 6 Mo. App. 49; Richardson v. Richardson, 50 Yt. 119; Jarvis v. Jarvis, 3 Edw.
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Appeal from District Court, McKinley County. The decree, judgment in contempt, and all proceedings in this cause, are coram non judice and void for want of jurisdiction of the subject matter. 2 Fed. Stats. Ann. 838; 2 Bishop Mar. & Div. sec. 593; 14 Cyc, 663; Pate v. Pate, 6 Mo. App. 49; Richardson v. Richardson, 50 Yt. 119; Jarvis v. Jarvis, 3 Edw. Ch. 462; Mix v. Mix, 1 John Cr. 204; Powell v. Powell, 53 Ind. 513; White v. White, 14 N Ii. 121; Kimball v. Kimball, 13 N. H. 222; Smith v. Smith, 12 N. Ii. 80; Young v. Young, 18 Minn. 90; Greenlow v. Greenlow, 12 N. Ii. 200; Phelan v. Phelan,…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This is an appeal from a final decree for divorce and awarding judgment to the appellee for a sum of money as her just share of the community estate «of the parties, and ordering execution. Appellant does not complain of the justness of the decree except to say that it was not justified by the evidence. A reading of the record shows no merit in the suggestion.
Appellant, however, questions the decree on the ground ■of want of jurisdiction of the subject matter. The proposition is founded on the fact that the complaint fails to allege residence of the appellee,…
2Cases cited9 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- Worden v. SearlsSupreme Court of the United States · 1887
- Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
- Stansbury v. StansburyMissouri Court of Appeals · 1906
- Morris v. NilesWisconsin Supreme Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Martinez v. Research Park, Inc.New Mexico Supreme Court · 1965
- State Ex Rel. Bliss v. GreenwoodNew Mexico Supreme Court · 1957
- Asplund v. HannettNew Mexico Supreme Court · 1926
- Heckathorn v. HeckathornNew Mexico Supreme Court · 1967
- Posey v. DoveNew Mexico Supreme Court · 1953
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