Krumenacker v. Andis
North Dakota Supreme Court
Appeal from the District Court of Stark County, Honorable 77. C. Crawford, Judge. In an affidavit for service of summons by publication, in an action against one whose residence is unknown, the statement that his “whereabouts” are unknown to affiant is equivalent to a statement that his “residence” is unknown, and is a full compliance with the statute. Comp.
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Appeal from the District Court of Stark County, Honorable 77. C. Crawford, Judge. In an affidavit for service of summons by publication, in an action against one whose residence is unknown, the statement that his “whereabouts” are unknown to affiant is equivalent to a statement that his “residence” is unknown, and is a full compliance with the statute. Comp. Laws 1913, § 7428; Jablonski v. Piesik, 30 N. D. 543, 153 N. W. 274; Dallas v. Luster, 27 N. D. 450, 147 N. "W. 95; Horton v. Monroe, 98 Mich. 195, 57 N. W. 109; Leigh v. Green, 62 Neb. 344, 89 Am. St. Rep. 751, 86 N. W. 1093. For the…
1Dissent
Bruce, Oh. T.
(dissenting). I agree with the majority that the ■divorce proceedings were a nullity. Jablonski v. Piesik, 30 N. D. 543, 153 N. W. 274; Atwood v. Tucker (Atwood v. Roan) 26 N. D. 622, 51 L.R.A.(N.S.) 597, 145 N. W. 587; Dallas v. Luster, 27 N. D. 450, 147 N. W. 95.
I do not, however, agree with the majority that §§ 8725 and 8727 of • the Compiled Laws of 1913 are exemption statutes.
Section 8725 provides that: “There shall also be set apart absolutely do the surviving wife or husband or minor children all the personal property of the testator or intestate which would be exempt from…
2Cases cited32 opinions
- Farris v. BattleSupreme Court of Georgia · 1887
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Mowser v. MowserSupreme Court of Missouri · 1885
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Farmers State Bank v. SmithNorth Dakota Supreme Court · 1917
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