Yorke v. Yorke
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Louis A. Yorke against Emma M. Yorke, for a divorce. Plaintiff had a decree, and from an order vacating the same, and dismissing the complaint, plaintiff appeals. Service of papers upon# former attorney, but after the relation of attorney and client has ceased, is not proper service. Beach v. Beach, 6 Dak. 374. The affidavit for publication of summons was sufficient. Kennedy v. Ins.
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Appeal from District Court, Cass County; McConnell, J. Action by Louis A. Yorke against Emma M. Yorke, for a divorce. Plaintiff had a decree, and from an order vacating the same, and dismissing the complaint, plaintiff appeals. Service of papers upon# former attorney, but after the relation of attorney and client has ceased, is not proper service. Beach v. Beach, 6 Dak. 374. The affidavit for publication of summons was sufficient. Kennedy v. Ins. Co., 101 N. Y. 487, 43 Hun. 629, 76 Cal. 646. The defendant having appeared and moved to vacate the judgment upon other grounds than want of…
1Opinion of the CourtBartholomew, C. J.
This case comes to this court on an appeal from an order entered by the District Court of Cass County on the 23rd day of November, 1892, which vacated and set aside a decree of divorce granted by said court in said action on the 15th day of September, 1891, and dismissed the complaint in said action, with costs. On September 9th, 1892, on the petition of EmmaM. Yorke, the defendant and the respondent herein, an order was issued by the judge of said court, citing Louis A. Yorke, the plaintiff and appellant herein, to show cause why such decree should not be vacated. This order was served on M.…
2Cases cited22 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Burdette v. CorganSupreme Court of Kansas · 1881
- Whitcomb v. WhitcombSupreme Court of Iowa · 1877
- Fee v. Big Sand Iron Co.Ohio Supreme Court · 1862
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
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3Cited by52 opinions
- Sargent County Bank v. WentworthNorth Dakota Supreme Court · 1993
- Schillerstrom v. SchillerstromNorth Dakota Supreme Court · 1948
- Hamilton v. HamiltonNorth Dakota Supreme Court · 1987
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Gans v. BeasleyNorth Dakota Supreme Court · 1894
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