Legal Opinion

Berry v. Berry

North Dakota Supreme Court

Decided January 16, 1931PublishedCited by 3 opinions

1Opinion of the CourtBurr, J.

In June of 1927 plaintiff commenced this action for divorce and the record in the case shows this admission of service signed by the defendant: “Due and personal service of the summons and complaint in the above entitled matter is hereby admitted this 18th day of June 1927, by delivery of copy at Havelock, North Dakota.”

This signature of the defendant is witnessed by Mrs. Mildred Crane and H. M. Whitney. While the record in this matter is not specific we gather from it, nevertheless, that the H. M. Whitney who signed as witness is now the husband of the defendant.

The action was not brought on…

2Cases cited4 opinions

  1. Yorke v. YorkeNorth Dakota Supreme Court · 1893
  2. Smith v. Moore Mill & Lumber Co.California Court of Appeal · 1929
  3. Jones v. MerrillMichigan Supreme Court · 1897
  4. Allen v. BohnerNorth Dakota Supreme Court · 1926

3Cited by3 opinions

  1. Haggerty v. Sherburne Mercantile Co.Montana Supreme Court · 1947
  2. Tooz v. ToozNorth Dakota Supreme Court · 1951
  3. In Re Marriage of MeridethCalifornia Court of Appeal · 1982

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