Henry v. Henry
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. Devi McGee, Judge. Action for divorce by Mary E. Henry against Eeon Henry. From an order overruling a motion to vacate a decree in favor of plaintiff, defendant appeals. The facts are stated in the opinion. Jurisdiction of absent defendants cannot be acquired except by complying strictly with the provisions of the statute provided for that purpose. -Cook v. Farmer, 12 Abb.
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Appeal from circuit court, Custer county. Hon. Devi McGee, Judge. Action for divorce by Mary E. Henry against Eeon Henry. From an order overruling a motion to vacate a decree in favor of plaintiff, defendant appeals. The facts are stated in the opinion. Jurisdiction of absent defendants cannot be acquired except by complying strictly with the provisions of the statute provided for that purpose. -Cook v. Farmer, 12 Abb. Pr. 359. The jurisdiction is strictly statutory and can only be acquired in the mode required by the statute. Hallett v.' Righters, 13 How. Pr. 43; Brisbine v. Peabody, 3 Id.…
1Opinion of the CourtFueeer, P. J.
On the ad day of December, 1899, a motion, supported by affidavits, and specifying want of jurisdiction, fraud, and deceit, and insufficiency of the evidence, was made in the trial court to vacate a decree of divorce entered in favor of plaintiff on the 28th day of July, 1898, and this appeal is from an order overruling the same.. Defendant being a non-resident of this state, substituted service was resorted to by the issuance of a summons, and its publication for the required period, and by which notice was given that the complaint was filed in the clerk’s office on the 9th day of November,…
2Cases cited2 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Anderson v. CoburnWisconsin Supreme Court · 1871
3Cited by6 opinions
- Weaver v. WeaverNew Mexico Supreme Court · 1911
- Dallas v. LusterNorth Dakota Supreme Court · 1914
- Union Bond & Mortgage Co. v. BrownSouth Dakota Supreme Court · 1936
- Dyksterhouse v. ParrotSouth Dakota Supreme Court · 1960
- State Ex Rel. Nevada Douglass Gold Mines, Inc. v. District Court of Seventh Judicial DistrictNevada Supreme Court · 1929
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