Cizek v. Cizek

The following opinion on rehearing was filed March 17, 1904. Former judgment vacated. Judgment of district court reversed:

i, -: -. In a suit arising under the provisions of chapter,, 25, Compiled Statutes, the district court has not jurisdiction to award real estate of the husband to the wife in fee as alimony, and a decree in so far as it attempts so to do is void and subject to collateral attack. 5. Jurisdiction. Jurisdiction of the subject matter is conferred by the law, and can not he conferred by consent of the parties. Kirkpatrick, C.

At a former term an opinion in this case was handed…