Legal Opinion

Nixon v. Tongren

Idaho Supreme Court

Decided November 17, 1920PublishedCited by 17 opinions

APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County, Hon., William A. Babcock, Judge. Action for divorce. Appeal from an order made after judgment declaring the judgment and decree null and void.

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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County, Hon., William A. Babcock, Judge. Action for divorce. Appeal from an order made after judgment declaring the judgment and decree null and void. “In a collateral attack on the judgment, the want of jurisdiction to render the judgment must appear upon the face of the judgment-roll, otherwise the presumption is in favor of the validity of the judgment.” {O’Neill v. Potvin, 13 Ida. 721, 93 Pac. 20.) The court had jurisdiction of both the person and subject matter, and therefore any relief sought from a judgment…

1Opinion of the CourtBudge, J.

On the twenty-sixth day of October, 1915, a judgment was i entered in the district court for Twin Falls county in an action wherein John Tongren, now deceased, was plaintiff, and the respondent, Emma Tongren, defendant, dissolving the bonds of matrimony between the parties on the ground of desertion. From the judgment-roll it appears that the service of summons purports to have been by publication. On the twenty-third day of March, 1918, respondent filed a motion in that action wherein she sought to have appellant Nixon as administrator with the will annexed of the estate of John Tongren,…

2Cases cited5 opinions

  1. Hahn v. KellyCalifornia Supreme Court · 1868
  2. People v. DavisCalifornia Supreme Court · 1904
  3. People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
  4. O'Neill v. PotvinIdaho Supreme Court · 1907
  5. Strode v. StrodeIdaho Supreme Court · 1898

3Cited by17 opinions

  1. Miller v. ProutIdaho Supreme Court · 1921
  2. Warren v. SharpIdaho Supreme Court · 2003
  3. Savage v. StokesIdaho Supreme Court · 1934
  4. Backman v. DouglasIdaho Supreme Court · 1928
  5. Blandy v. Modern Box Manufacturing Co.Idaho Supreme Court · 1925

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