Peterson v. Peterson
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to quiet title. Judgment for plaintiff and defendants appeal. An action for divorce is an action in rem and respondent having procured her divorce in Washington, said court could not make a binding decree in personam against the appellant in Idaho. Especially is this the rule affecting the property rights of the parties.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to quiet title. Judgment for plaintiff and defendants appeal. An action for divorce is an action in rem and respondent having procured her divorce in Washington, said court could not make a binding decree in personam against the appellant in Idaho. Especially is this the rule affecting the property rights of the parties. (Pennoyer v. Neff, 95 U. S. 714, 24 L. ed. 565; Proctor v. Proctor, 215 111. 275, 106 Am. St. 168,£ 2 Ann. Cas. 819, 74 N. E. 145, 69 L. R. A. 673; Haddock v-.…
1Opinion of the CourtLee, J.
Appellant and respondent intermarried in 1904, and were thereafter husband and wife until September 26, 1916, when respondent, who had left her husband some three years before and taken up her residence in the state of Washington, secured a divorce from him in the courts of that state, upon constructive service of summons. During the marital relation, appellant filed a homestead entry upon the SW. % of the SE. % of see. 24, T. 2 N., E. 2 W., B. M. This husband and wife occupied these premises as their home during the period they were required to live upon the same in order to secure patent,…
2Cases cited4 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Kohny v. DunbarIdaho Supreme Court · 1912
- Ewald v. HuftonIdaho Supreme Court · 1918
- Bedal v. SakeIdaho Supreme Court · 1904
3Cited by16 opinions
- Anderson v. Idaho Mutual Benefit AssociationIdaho Supreme Court · 1956
- Humbird v. HumbirdIdaho Supreme Court · 1926
- Radermacher v. RadermacherIdaho Supreme Court · 1940
- Benson v. District Court of the Fifth Judicial DistrictIdaho Supreme Court · 1936
- Huber v. HuberNew York Supreme Court · 1960
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