Willmore v. Willmore

Murphy, Justice.

This is an action for separate maintenance and for custody of two minor children instituted by the plaintiff wife, a resident of Minnesota, against her husband, who is a nonresident. Constructive service was obtained upon defendant by publication as provided by statute. He appeared specially and by motion for summary judgment attacked the jurisdiction of the Minnesota court. The trial court denied that motion, and pursuant to Minn. St. 605.09(i) (L. 1965, c. 607), certified the issues presented as important and doubtful. The essential problem is whether, under the facts…