Keller v. Keller
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Motion to amend and modify decree of divorce. Overruled and service of moving papers quashed. The service of moving papers upon an adverse party need not be personally made upon such adverse party.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Motion to amend and modify decree of divorce. Overruled and service of moving papers quashed. The service of moving papers upon an adverse party need not be personally made upon such adverse party. (Sec. 4891, Rev. Codes.) This statutory provision was complied with on the part of the appellant, and also by the act of the clerk of the district court in mailing a copy of each of the moving papers to the respondent at her place of residence in California. (Collins v. Brown, 19…
1Opinion of the CourtMorgan, J.
On March 4, 1914, respondent was granted a decree of divorce from appellant wherein the custody of their three minor children was awarded to her and wherein appellant was directed to contribute $30 per month toward their support and education.
*80On July 8, 1914, appellant caused to be served upon one of the attorneys for respondent in the divorce proceeding notice of motion for an order amending and modifying the decree to the end that custody of the children be awarded to him instead of to respondent, and that the provision requiring him to pay $30 per month to her be stricken therefrom.
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2Cases cited1 opinion
- Empire Mill Co. v. District Court of the Eighth Judicial DistrictIdaho Supreme Court · 1915
3Cited by1 opinion
- Keane v. AllenIdaho Supreme Court · 1949