Beach v. Beach
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Lawrence county; Hon. Chas. M. Thomas, Judge. This is an appeal from an order setting aside a decree of divorce.
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APPEAL from the district court, Lawrence county; Hon. Chas. M. Thomas, Judge. This is an appeal from an order setting aside a decree of divorce. The court erred in entertaining the respondent’s motion for the following reasons : 1. There was no notice thereof given to the "appellant. 2. There was no appearance for or in behalf of the appellant. 3. The court in no way acquired jurisdiction of the appellant for the purpose of this motion. 4. The sufficiency of the affidavit for publication of the summons had once been determined by the court in a regular proceeding for that purpose and could…
1Opinion of the CourtSpencek, J.
This action was brought by the plaintiff for a divorce against the defendant, on the ground of desertion and cruel and inhuman treatment. The defendant being a non-resident, service of the summons was obtained by publication* and after the completion of such service, the defendant not having *374appeared in any way in said action, the court, upon proof of such facts, directed a reference to' take tbe proofs which might be offered in support of the allegations of the complaint, and report the same to the court. Such proofs were duly taken, and thereupon, and upon all the proceedings in the cause,…
2Cases cited10 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Harris v. HardemanSupreme Court of the United States · 1853
- Hoffman v. . HoffmanNew York Court of Appeals · 1871
- Beards v. . WheelerNew York Court of Appeals · 1879
- Doane v. GlennSupreme Court of Colorado · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Kinsella v. KinsellaNorth Dakota Supreme Court · 1970
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Brown v. ArnoldCourt of Appeals for the Eighth Circuit · 1904
- Sturgiss v. DartWashington Supreme Court · 1900
18 more not listed; retrieve them via the Exa API.