Morton v. Morton
Supreme Court of Colorado
Error to Bent County Cov/rt. In tbe year 1886 Henry T. Morton, defendant in error, obtained in tbe county court of Bent county a decree of divorce from Bridget E. Morton, bis wife. Ho personal service was bad upon tbe defendant in that suit; tbe service was by publication.
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Error to Bent County Cov/rt. In tbe year 1886 Henry T. Morton, defendant in error, obtained in tbe county court of Bent county a decree of divorce from Bridget E. Morton, bis wife. Ho personal service was bad upon tbe defendant in that suit; tbe service was by publication. Tbe present action is a direct proceeding on tbe part of Bridget E. Morton, tbe plaintiff in érror, wbo was plaintiff below, to set aside said decree of divorce, for tbe following reasons: The want of jurisdiction in tbe court to enter any decree against her; second, fraud of tbe plaintiff in procuring tbe decree. Tbe trial…
1Per curiam
The decree of divorce was obtained without service of process upon the defendant either actual or constructive. At the time of the action and for many years prior thereto, she had resided in the same house in Scranton, Pennsylvania; and although she received her mail with uniform regularity, no copy of the summons in this case ever reached her. Although her residence was well known to plaintiff, no notice of the action was received by her until long after the entry of final judgment in the cause. It is true, it appears by an affidavit that a copy of the summons was mailed to her, properly…
2Cases cited2 opinions
- O'Rear v. LazarusSupreme Court of Colorado · 1885
- Conley v. MorrisSupreme Court of Colorado · 1882
3Cited by10 opinions
- Weber v. WilliamsSupreme Court of Colorado · 1958
- Coppinger v. CoppingerSupreme Court of Colorado · 1954
- Seeley v. TaylorSupreme Court of Colorado · 1891
- Davis v. John Mouat Lumber Co.Colorado Court of Appeals · 1892
- Netland v. BaughmanSupreme Court of Colorado · 1945
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