Medina v. Medina
Supreme Court of Colorado
Error to the County Court of Douglas County. On the 1st day of December, 1891, Emma M. Medina, plaintiff in error, instituted this action against Mary G. Medina and Frank J. Medina, in the county court of Douglas county, to set aside a certain order entered by that court in an action theretofore pending between Mary G. Medina and Frank J. Medina, vacating a decree of divorce rendered therein, and an order dismissing that action.
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Error to the County Court of Douglas County. On the 1st day of December, 1891, Emma M. Medina, plaintiff in error, instituted this action against Mary G. Medina and Frank J. Medina, in the county court of Douglas county, to set aside a certain order entered by that court in an action theretofore pending between Mary G. Medina and Frank J. Medina, vacating a decree of divorce rendered therein, and an order dismissing that action. The facts upon which she predicates her right to relief are in brief as follows: On the 4th day of April, 1881, in an action pending in the county court of Douglas…
1Opinion of the CourtJustice Goddard
The controlling question presented by the assignments is whether the county court had jurisdiction to entertain the motion to vacate the decree of divorce after the lapse of the term at which it was rendered. Upon this proposition we entertain no doubt. Even assuming a valid service of the summons was had by publication, the court had jurisdiction *148to entertain the motion under section 75 of the code of 1877, which, inter alia, provides :
“ When, from any cause, the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such…
2Cases cited10 opinions
- Dunn v. DunnNew York Court of Chancery · 1834
- Lewis v. LewisSupreme Court of Kansas · 1875
- Crouch v. CrouchWisconsin Supreme Court · 1872
- Comstock v. AdamsSupreme Court of Kansas · 1880
- McJunkin v. McJunkinIndiana Supreme Court · 1851
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3Cited by10 opinions
- Graham v. GrahamWashington Supreme Court · 1909
- Weber v. WilliamsSupreme Court of Colorado · 1958
- Mortgage Trust Co. of Pennsylvania v. ReddSupreme Court of Colorado · 1906
- Bowman v. BowmanCalifornia Court of Appeal · 1932
- Coppinger v. CoppingerSupreme Court of Colorado · 1954
5 more not listed; retrieve them via the Exa API.