Legal Opinion

Scribner v. Scribner

Supreme Court of Minnesota

Decided October 21, 1904No. Nos. 13,994—(61)PublishedCited by 6 opinions

Appeal by defendant from an order of the district court for Beltrami county, Spooner, J., denying a motion to vacate a judgment of divorce entered by default in favor of plaintiff.

1Opinion of the CourtDouglas, J.

From an order of the district court of Beltrami county overruling defendant’s application for an order setting aside a decree of divorce defendant appeals.

Judgment dissolving the bonds of matrimony between the parties was entered by default on June 12, 1903. All statutory requirements to give the court jurisdiction were apparently complied with. Service of summons was by publication. It is claimed, independent of statutory provisions contained in sections 5204, 5267, G. S. 1894, which do not afford relief in actions for divorce, ■ that the court has inherent power to entertain a motion made…

2Cases cited5 opinions

  1. Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
  2. Bomsta v. JohnsonSupreme Court of Minnesota · 1888
  3. Geisberg v. O'LaughlinSupreme Court of Minnesota · 1903
  4. Olmstead v. OlmsteadSupreme Court of Minnesota · 1889
  5. Colby v. ColbySupreme Court of Minnesota · 1894

3Cited by6 opinions

  1. Cahaley v. CahaleySupreme Court of Minnesota · 1943
  2. Johnston v. JohnstonSupreme Court of Minnesota · 1968
  3. Berg v. BergSupreme Court of Minnesota · 1948
  4. Stromsborg v. StromsborgSupreme Court of Minnesota · 1954
  5. Stimson v. District CourtNevada Supreme Court · 1923

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