Lockwood v. Lockwood
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Maricopa. F. H. Lyman, Judge. STATEMENT OF FACTS BT THE COURT. The appellant commenced an action in said court against the appellee, wherein he is seeking an absolute divorce upon certain alleged grounds. The appellee was served with process by publication, and did not appear in person or by an attorney, or at all.
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APPEAL from a judgment of the Superior Court of the county of Maricopa. F. H. Lyman, Judge. STATEMENT OF FACTS BT THE COURT. The appellant commenced an action in said court against the appellee, wherein he is seeking an absolute divorce upon certain alleged grounds. The appellee was served with process by publication, and did not appear in person or by an attorney, or at all. Judgment was rendered in said cause on said service of process by publication on the twentieth day of October, 1914. On September 10, 1915, the appellee, defendant in said action, applied to said court for a new trial of…
1Opinion of the CourtCunningham, J.
(After Stating the Facts as Above).— The appellant has devoted much of his attention to the questions of the legal sufficiency of the service of process on the defendant to acquire jurisdiction in the original action. Assuming that the court failed to acquire jurisdiction over the defendant, then the judgment and decree rendered were void absolutely, and upon a proper showing made would be set aside by the court rendering it at any time. McLean v. Territory, 8 Ariz. 195, 71 Pac. 926. The appellant contends and the record fairly sustains his contention, viz., that the process was regularly…
2Cases cited1 opinion
- McLean v. TerritoryArizona Supreme Court · 1903
3Cited by6 opinions
- Evans v. HallasArizona Supreme Court · 1946
- Crook v. CrookArizona Supreme Court · 1918
- Collins v. StreitzArizona Supreme Court · 1936
- Gordon v. GordonArizona Supreme Court · 1929
- Perrin, Jr. v. Perrin Properties, Inc.Arizona Supreme Court · 1939
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