Nichells v. Nichells
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action for a divorce by Clinton G. Nichells against Minnie B. Nichells. From an order denying a motion to vacate a decree for plaintiff, defendant appeals. The judgment was taken against appellant through surprise, and under section 4939, Comp. Laws, it was abuse of discretion to refuse her petition for leave to come in and defend. Simpkins v. Simpki7is, 36 Pac.
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Appeal from District Court, Richland County; Lauder, J. Action for a divorce by Clinton G. Nichells against Minnie B. Nichells. From an order denying a motion to vacate a decree for plaintiff, defendant appeals. The judgment was taken against appellant through surprise, and under section 4939, Comp. Laws, it was abuse of discretion to refuse her petition for leave to come in and defend. Simpkins v. Simpki7is, 36 Pac. Rep. 759; Herbert v. LawreTice, 18 N. Y. Supp. 95; Loree v. Reeves, 2 Mich. 133; Comstock v. Whitworth, 75 Ind. 129. The power of the court to open up judgments is a highly…
1Opinion of the CourtWallin, C. J.
The record in this action presents a state of facts which, so far as they are important to a decision of the question involved, may be stated as follows: The action is for a divorce from the bonds of matrimony, and was commenced by the personal service of a summons and complaint, which, after an order of publication was obtained, was made upon the defendant *128at Kansas City, Mo., the place of the defendant’s residence, on February 3, 1894. On April 14, 1894, the defendant by her attorney, Frank Gray, Esq., appeared in the action and served an answer to the complaint. The plaintiff’s ground of…
2Cases cited9 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Ohlquest v. Farwell & Co.Supreme Court of Iowa · 1887
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Cottrell v. CottrellCalifornia Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Leeker v. LeekerArizona Supreme Court · 1921
- Wright v. WrightSupreme Court of Alabama · 1935
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- English v. SmithWyoming Supreme Court · 1953
9 more not listed; retrieve them via the Exa API.