Hoagland v. Hoagland
Utah Supreme Court
Appeal from tbe Third District Court, Salt Labe County.— ■Eon. W. G. Hall Judge. Action for separate maintenance under section 1216, Revised Statutes 1898. Erom a judgment in favor of tbe defendant, tbe plaintiff appealed.
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Appeal from tbe Third District Court, Salt Labe County.— ■Eon. W. G. Hall Judge. Action for separate maintenance under section 1216, Revised Statutes 1898. Erom a judgment in favor of tbe defendant, tbe plaintiff appealed. This court in the decision of the former case (Hoagland v. Hoagland), confined its inquiry to the single question before the court, that is, could the judgment of the Colorado court divorcing plaintiff and defendant, be collaterally attacked, and held that it could not. Plaintiff is now before this court with a case as entirely different from the one she then presented as…
1Opinion of the CourtMiner, C. J.
It is conceded that the only question for consideration in this case is whether or not the plaintiff, Maggie Hoagland, is barred from prosecuting this action against the defendant, Frank Hoagland, by reason of the findings and judgment against her, of the Third district court of Utah, in the former action commenced in 1897, after the decree for divorce in Colorado had been set aside and annulled. Counsel for the appellant rely upon the single fact that the judgment rendered in Colorado in 1886, dissolving the marriage between the said parties, has, since the. said hearing and decision by the…
2Cases cited3 opinions
- Wilson's v. DeenSupreme Court of the United States · 1887
- Rio Grande Western Railway Co. v. Telluride Power Transmission Co.Utah Supreme Court · 1900
- Hodson v. Union Pacific Railway Co.Utah Supreme Court · 1897
3Cited by1 opinion
- Wise v. WiseNew Mexico Supreme Court · 1951