Legal Opinion
Smith v. Smith
Nevada Supreme Court
Decided October 26, 1966No. 5093PublishedCited by 4 opinions
1Opinion of the Court
*385OPINION
By the Court, Thompson, J.:
The issue on this appeal is whether the premature entry of a default divorce decree renders that decree absolutely void, or merely voidable. By an independent action, Margaret Smith attempted to set aside such decree obtained by her husband some fifteen months earlier. He moved for a summary judgment which the lower court granted. This appeal followed. We affirm.
The divorce action was commenced by George Smith on July 31, 1964. All procedural requirements for the service of process were met. Process was sent for personal service outside the state (NRCP 4 (e)…
2Cases cited7 opinions
- White v. CrowSupreme Court of the United States · 1884
- Herman v. SanteeCalifornia Supreme Court · 1894
- Richert v. Benson Lumber Co.California Court of Appeal · 1934
- California Casket Co. v. McGinnCalifornia Court of Appeal · 1909
- Field v. OteroNew Mexico Supreme Court · 1930
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vaile v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 2002
- Cipolla v. CipollaNevada Supreme Court · 1969
- Vaile v. Dist. Ct.Nevada Supreme Court · 2002
- Vaile v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 2002