McElrath v. McElrath
Supreme Court of Minnesota
Action in the district court for Meeker county by the guardian &d litem of plaintiff against the executor of the last will of W. C. McElrath, deceased, and the legatees named in that will, to vacate .a judgment of that court rendered in December, 1897, dissolving the marriage contract between plaintiff and said W. C. McElrath. The facts are stated in the opinion.
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Action in the district court for Meeker county by the guardian &d litem of plaintiff against the executor of the last will of W. C. McElrath, deceased, and the legatees named in that will, to vacate .a judgment of that court rendered in December, 1897, dissolving the marriage contract between plaintiff and said W. C. McElrath. The facts are stated in the opinion. The ease was tried before Qvale, J., who made findings, denied plaintiff any relief and ordered judgment dismissing the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtHolt, J.
This is an appeal from a judgment dismissing an action brought by plaintiff to vacate and cancel a decree entered December Id, 1897, in the district court of Meeker county, dissolving the marriage relation theretofore existing between plaintiff and her husband, on the ground that the court was without jurisdiction to render the -decree and that it was procured through the wilful perjury and deception of the husband. From the pleadings and findings the following facts appear:
In 1887 plaintiff and W. C. McElrath were married in Meeker county, Minnesota, and lived on a farm -together until…
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