Weaver v. Weaver
New Mexico Supreme Court
Appeal from the District Court for Colfax County before William J. Mills, Chief Justice. When the court has entered the final decree it has no further jurisdiction over the subject matter and cannot re-assume it. Barnett v. Barnett, 9 N. M. 205; Hickman v. City of Et.
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Appeal from the District Court for Colfax County before William J. Mills, Chief Justice. When the court has entered the final decree it has no further jurisdiction over the subject matter and cannot re-assume it. Barnett v. Barnett, 9 N. M. 205; Hickman v. City of Et. Scott, 141 H. S. 415; Dowell v. Applegate, 152 H. S. 327; Bronson v. Schulten, 104 H. S. 410; Philips v. Negley, 117 U. S. 665; ex parte Sibald v. H. S., 12 Peters 488; 3 Wheat. 591; 3 Peters 431; 12 Wheat. 10; Bank of IT. S. v. Moss, 6 Howard 31; Grames r. ■ Hawley, C..O., 50 Eed. 319; 2 Wash. C. C. 433; 89 111. 59; 10 Pet.…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, J.
We have first to decide whether this cause is properly here on appeal, and, if we consider that it is, then, whether the action of the District Court in vacating the decree of divorce shall be approved. Although it is claimed, in the brief for the appellee,, that the judgment of the District Court granting a divorce was void, the defendant has, apparently, treated it as voidable rather than void, since in her motion to have it set aside she has gone beyond the averments necessary to sustain it ánd set out matter which, she says, would constitute a defense on the…
2Cases cited5 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Burdette v. CorganSupreme Court of Kansas · 1881
- Grantier v. RosecranceWisconsin Supreme Court · 1871
- Grames v. HawleyU.S. Circuit Court for the District of Kansas · 1883
- Henry v. HenrySouth Dakota Supreme Court · 1901
3Cited by11 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Heckathorn v. HeckathornNew Mexico Supreme Court · 1967
- State v. KileNew Mexico Supreme Court · 1923
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Coulter v. Board of CommissionersNew Mexico Supreme Court · 1916
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