Simensen v. Simensen
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Palda, J. Action by Ole Simensen against Rhoda Simensen. Judgment for plaintiff. Defendant appeals. Affidavit for publication of summons must not follow in the language of the statute merely, but state the evidential facts showing the existance of ultimate facts requisite to the granting of an order for the publication.
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Appeal from District Court, Ramsey county; Palda, J. Action by Ole Simensen against Rhoda Simensen. Judgment for plaintiff. Defendant appeals. Affidavit for publication of summons must not follow in the language of the statute merely, but state the evidential facts showing the existance of ultimate facts requisite to the granting of an order for the publication. Beach v. Beach, 6 Dak. 371, 43 N. W. 701; Coughran v. Markley, 87 N. W. 2; Bothell v. Hoellwarth, 74 N. W. 231. Affidavit must show not only that the defendant was a nonresident; but that she could not be found in the state. Bothell…
1Opinion of the Court
Fisk, District Judge.
This appeal calls in question the correctness of an order made by the district court of Ramsey county on September 24, 1903, denying defendant’s motion to vacate a default judgment of divorce granted to plaintiff on January 31, 1894. The record discloses that the only service of the summons relied upon by plaintiff was what is known as “constructive service,'” or service by publication. The motion to vacate was based upon a petition -signed by defendant’s attorneys, and also upon the affidavit of- defendant and others annexed to said petition, from which it appears that…
2Cases cited7 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Carleton v. . CarletonNew York Court of Appeals · 1881
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- Beach v. BeachSupreme Court Of The Territory Of Dakota · 1889
- Bothell v. HoellwarthSouth Dakota Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
- Roberts v. Enderlin Investment Co.North Dakota Supreme Court · 1911
- Dallas v. LusterNorth Dakota Supreme Court · 1914
- Ivaldy v. IvaldyNebraska Supreme Court · 1953
7 more not listed; retrieve them via the Exa API.