Legal Opinion

Colby v. Colby

Supreme Court of Minnesota

Decided December 14, 1894No. 9015PublishedCited by 11 opinions

Appeal by defendant, Christian M. Colby, from an order of the District Court of Hennepin County, Henry G. Hieles, J., made April 7, 1894, overruling his demurrer to the complaint of his divorced wife, Hedvig A. Colby, to set aside the judgment of divorce for fraud and perjury in procuring it. She brought this action under 1878 G. S. ch. 66, § 285.

1Opinion of the CourtCanty, J.

The defendant demurred to the complaint on the ground that it did not state a cause of action, and this is an appeal by him from an order overruling the demurrer. The action is brought under 1878 G. S. ch. 66, § 285, to set aside a judgment of divorce. The *434complaint alleges: That the parties were married in Denmark in 1879, and lived and cohabited together until May 4, 1892. That they then resided in Minneapolis, in this state. That for the purpose and with the intent of fraudulently procuring a divorce from her, and of preventing her from defending against the action for the same, he…

2Cases cited2 opinions

  1. Hass v. BillingsSupreme Court of Minnesota · 1889
  2. Bomsta v. JohnsonSupreme Court of Minnesota · 1888

3Cited by11 opinions

  1. Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1910
  2. McElrath v. McElrathSupreme Court of Minnesota · 1913
  3. Secord v. PowersNebraska Supreme Court · 1901
  4. Brockman v. BrockmanSupreme Court of Minnesota · 1916
  5. O'Brien v. LarsonSupreme Court of Minnesota · 1898

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