Tuttle v. Tuttle
North Dakota Supreme Court
Appeal from an order of the District Court of Burleigh County, Honorable Chas. M. Cooley, Special Judge. It is well settled that judgments may he set aside and vacated on motion made in the original action, and such has been the practice generally in such cases.
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Appeal from an order of the District Court of Burleigh County, Honorable Chas. M. Cooley, Special Judge. It is well settled that judgments may he set aside and vacated on motion made in the original action, and such has been the practice generally in such cases. Beach v. Beach, 6 Dak. 3Y1, 40 N. W. Y01; Gaar, S. & Co. v. Spaulding, 2 N. D. 420; Yorke v. Yorke, 3 N. D. 343, 55 N. W. 1095; Nichells v. Nicbells, 5 N. D. 125, 64 N. W. 73. Fraud, as other facts, may be established by a preponderance of the evidence. While a preponderance of evidence is required to sustain the burden of proof, a…
1ConcurrenceBronson, J.
I concur in the affirmance of the order of the trial court. In the other opinions filed the facts are quite fully stated. The *84crux of the controversy is the sufficiency of the moving papers, in equity, to warrant the vacation of the judgment of divorce that has stood unimpeached for over ten years, and through which the moving party has continuously accepted benefits both before and after the discovery of the alleged fraud and bribery. It is evident that the trial judge, the Honorable Charles M. Cooley, gave careful and considerate attention to plaintiff’s claims. He has rendered a…
2Cases cited2 opinions
- Garrison v. AkinNew York Supreme Court · 1847
- Wiemer v. WiemerNorth Dakota Supreme Court · 1911