Atkins v. Atkins
Nebraska Supreme Court
Error to tbe district court for Lancaster county. Tried below before Pound, J. The opinion states the case. The motion to open up tbe judgment and decree under section 82 of the code of civil procedure, is overruled by the court; and tbe last motion filed is sustained, the court holding that the affidavit for publication of the summons was defective, and that the court thereby had acquired no jurisdiction of the defendant.
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Error to tbe district court for Lancaster county. Tried below before Pound, J. The opinion states the case. The motion to open up tbe judgment and decree under section 82 of the code of civil procedure, is overruled by the court; and tbe last motion filed is sustained, the court holding that the affidavit for publication of the summons was defective, and that the court thereby had acquired no jurisdiction of the defendant. This amounts to an indirect or collateral attack on the j udgment and decree originally rendered. This cannot be allowed by motion, for it gives the plaintiff no “ day in…
1Opinion of the Court
Maxwell, Ch. J.
On the 8th day of August, 1873, the plaintiff filed a petition for a divorce from the defendant in the district court of Lancaster county, and on the same day filed the following affidavit to obtain service by publication:
“ State oe Nebraska, 1 Lancaster County, / '
“Henry Atkins, being first duly sworn, on oath says: That he is the plaintiff in the above entitled action; *195that service of summons cannot be made within this state on the defendant, Eebecca Atkins, on whom service-by publication is desired, and that this cause is one mentioned in section No. 77 of title Y of the…
2Cases cited6 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Forbes v. HydeCalifornia Supreme Court · 1866
- Shields v. MillerSupreme Court of Kansas · 1872
- Hallett v. RightersNew York Supreme Court · 1856
- Brownfield v. DyerCourt of Appeals of Kentucky · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Catlett v. Chestnut, as Exr.Supreme Court of Florida · 1933
- Shrader v. ShraderSupreme Court of Florida · 1895
- Alexander v. AlexanderNebraska Supreme Court · 1889
- Harris v. ClaflinSupreme Court of Kansas · 1887
- Boden v. MierNebraska Supreme Court · 1904
17 more not listed; retrieve them via the Exa API.