Atwood v. Tucker
North Dakota Supreme Court
From an order of the District Court of Stutsman County, Coffey, J., denying an application by garnishee defendants to vacate a judgment taken against them and the principal defendant, for want of jurisdiction in the principal action, garnishee defendants appeal. The trial court was without jurisdiction to enter the judgment, for want of a sufficient affidavit for service of the summons by publication.
Read the full summary
From an order of the District Court of Stutsman County, Coffey, J., denying an application by garnishee defendants to vacate a judgment taken against them and the principal defendant, for want of jurisdiction in the principal action, garnishee defendants appeal. The trial court was without jurisdiction to enter the judgment, for want of a sufficient affidavit for service of the summons by publication. The residence of the defendant — whether known or otherwise— is not mentioned. The affidavit recites that “the last known postoffice address of defendant is unknown ” Rev. Codes, 1905 § 6840;…
1Opinion of the CourtGoss, J.
In September, 1908, plaintiff Atwood began an action in district court against defendant Roan, and obtained personal service of a garnishment upon Tucker, Wallis, and Goyden, as garnishee defendants, within Stutsman county. Personal service was not had on defendant Roan, but after service of the garnishee defendants plaintiff filed a defective affidavit for publication of summons reciting “that the last known postoffice address of the above-named defendant, Charles Roan, is unknown,” instead of stating “the place of the defendant’s residence if known to the affiant, and if not known, stating…
2Cases cited28 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Empire Ranch & Cattle Co. v. ColdrenSupreme Court of Colorado · 1911
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Hanson v. GrahamCalifornia Supreme Court · 1890
23 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Beck v. Semones' AdministratorSupreme Court of Virginia · 1926
- Dawson v. MeierNorth Dakota Supreme Court · 1956
- Shortridge v. SturdivantNorth Dakota Supreme Court · 1915
- Bartell v. MorkenNorth Dakota Supreme Court · 1954
- Hughes v. Fargo Loan AgencyNorth Dakota Supreme Court · 1920
18 more not listed; retrieve them via the Exa API.