Dallas v. Luster
North Dakota Supreme Court
Appeal from tbe District Court of Williams County, Fisk, J. Action to set aside a decree of divorce. Judgment for plaintiff. Defendant appeals. The marriage relation was severed by death and by the judgment entered, and the court will not set aside the judgment of divorce, unless there are property rights involved.
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Appeal from tbe District Court of Williams County, Fisk, J. Action to set aside a decree of divorce. Judgment for plaintiff. Defendant appeals. The marriage relation was severed by death and by the judgment entered, and the court will not set aside the judgment of divorce, unless there are property rights involved. Hite v. Mercantile Trust Co. 156 Cal. 765, 106 Pac. 102; Day v. Nottingham, 160 Ind. 408, 66 N. E. 998; 1 Current Law, 950; 15 Current Law, 1432. The insufficiency of the service in the former action, if any, was waived by general appearance, and cannot be raised in this case.…
1Opinion of the Court
Bruce, T.
This is an action by a wife to vacate a decree of divorce. Though brought after the death of the husband, it is based upon, a theory of property rights, and is instituted in order that the plaintiff may take proceedings to contest the will of her husband and recover her just share of his estate.
Being based upon property rights, the action is maintainable. Hite v. Mercantile Trust Co. 156 Cal. 765, 106 Pac. 102; Day v. Nottingham, 160 Ind. 408, 66 N. E. 998. Since there was no legal service upon the wife (the present plaintiff) in the original action, the judgment should be vacated…
2Cases cited8 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
- Hite v. Mercantile Tr. Co. of S.F.California Supreme Court · 1909
- Roberts v. Enderlin Investment Co.North Dakota Supreme Court · 1911
- Simensen v. SimensenNorth Dakota Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- Froling v. FarrarNorth Dakota Supreme Court · 1950
- Hughes v. Fargo Loan AgencyNorth Dakota Supreme Court · 1920
- Barnato v. Second Judicial District CourtNevada Supreme Court · 1960
- Jensen v. SchwartzNorth Dakota Supreme Court · 1958
5 more not listed; retrieve them via the Exa API.