Magnuson v. Clithero
Magnuson v. Clithero
Opinion of the Court
Many questions are discussed in the briefs of counsel and others suggested by the record, which are rendered immaterial because of the legal effect of the judgment rendered in the second action, which determined
By the Gourt.— The judgment appealed from is reversed, and the cause remanded with directions to render judgment in favor of plaintiff in accordance with the prayer of the complaint.
Reference
- Full Case Name
- Magnuson v. Clithero, imp.
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- Jurisdiction: Correction of divorce judgment: Quieting title to personalty: Res adjudicata: Foreclosure of mortgage. A judgment of divorce was granted and a division of the property made, a note and mortgage being awarded to the plaintiff. Service on the defendant was by publication. There was no appearance. After more than a year expired an action in equity was begun against the divorced husband and the mortgagor to change the divorce decree, it being supposed that the description of the note and mortgage was insufficient. The complaint, prayer for judgment, and the judgment subsequently rendered, though mainly to change the divorce judgment, were sufficient for relief quia timet. Jurisdiction of both of the defendants was obtained by proper service of process. Subsequent to judgment in the second action,’this action was commenced to foreclose the mortgage. A judgment of dismissal was rendered on the ground that no jurisdiction was obtained to enter the divorce judgment for want of proper service on the defendant. Held: (1) Whether the court had jurisdiction^ to entertain a bill of review and change a judgment in an action after the expiration of more than one year from its rendition, doubted. (2) Plaintiff’s title to the note and mortgage was determined by the judgment in the second action. Whether the court acquired jurisdiction in the divorce action or not was entirely immaterial to the right to foreclose the mortgage in this action. The judgment in the second action, till set aside by some proper proceedings, was binding on all parties to it, and all claiming under or through them. [Syllabus by MARSHALL, J.]