151 Minn. 300 | Minn. | 1922
Appeal from an order vacating a judgment of divorce and granting to defendant the right to answer and defend in the action.
It appears that the parties were married in 1893, living for the greater part of their married life in Iowa and Illinois. Plaintiff’s occupation has been chiefly that of a laborer, and he has not accumulated any considerable property; no property rights are involved in the action. Differences arose between the parties which, being aggravated and enlarged by time, finally resulted in a separation in 1918, each laying the blame or the cause thereof upon the other. The parties were then residing in Rockford, in the state of Illinois; the wife continued to reside there and in other towns in the state of Iowa where she had relatives and friends. Plaintiff, following his occupation of dredging, came to this state in.charge of a dredging crew as foreman. He brought this action for divorce in May, 1920, in the county of his then residence, and charged in his complaint as the ground thereof the desertion by defendant for more than a year preceding the commencement of the suit. Service of the summons was had by publication on a showing by affidavit of plaintiff that defendant was not a resident of this state and that her whereabouts was to- him unknown. Default judgment was regularly entered on order of the court, after hearing the evidence of plaintiff, on August 10, 1920. Defendant had notice of the judgment in January, 1921, but her motion to vacate the same was not made until April 20 following. In the meantime, in February, 1921, plaintiff remarried, and is now living with his new wife. So far as appears the marriage was entered into in good faith and in the belief that, by the judgment dissolving the marriage with defendant, plaintiff was authorized to enter into the new relation.
It is so ordered.