Wiemer v. Wiemer
North Dakota Supreme Court
Appeal from District Court, Burleigh county; Winchester, J. Action by Henry Wiemer against Allie D. Wiemer. From an order denying a motion to vacate a decree of divorce rendered in the case, defendant appeals.
Read the full summary
Appeal from District Court, Burleigh county; Winchester, J. Action by Henry Wiemer against Allie D. Wiemer. From an order denying a motion to vacate a decree of divorce rendered in the case, defendant appeals. A judgment fraudulently obtained will be set aside. 1 Black, Judgm. 320; Yorke v. Yorke, 3 N. D. 343, 55 N. W. 1095; Haverty v. Haverty, 35 Kan. 438, 11 Pac. 364; Crouch v. Crouch, 30 Wis. 667; True v. True, 6 Minn. 458, GFil. 315; Young v. Young, 17 Minn. 181, Gil. 153; Colby v. Colby, 59 Minn. 432, 50 Am. St. Rep. 420, 61 N. W. 460; Daniels v. Benedict, 50 Fed. 351. A judgment of…
1Opinion of the CourtSpalding, J.
This is an appeal by the defendant from an order of the district court of Burleigh county, denying defendant’s motion *373to vacate the decree of divorce in said action. The motion was based npon the ground that it was fraudulently and collusively procured.
Plaintiff and defendant were married in Illinois in August, 1905. At the time of such marriage she was a widow, with a daughter about ten years old. This daughter was formally adopted by the plaintiff after such marriage with defendant. They resided in Illinois until the early part of 1905, when they moved to land owned by the plain-, tiff in…
2Cases cited3 opinions
- Karren v. KarrenUtah Supreme Court · 1902
- Singer v. SingerNew York Supreme Court · 1863
- Burgess v. BurgessSouth Dakota Supreme Court · 1903
3Cited by5 opinions
- Schillerstrom v. SchillerstromNorth Dakota Supreme Court · 1948
- Hall v. HallSupreme Court of Florida · 1927
- Klaudt v. KlaudtNorth Dakota Supreme Court · 1968
- Rhodes v. RhodesSupreme Court of Kansas · 1920
- Tuttle v. TuttleNorth Dakota Supreme Court · 1920