Dwyer v. Nolan

Citations

• 40 Wash. 459
• 82 P. 746
• 1905 Wash. LEXIS 1005

Syllabus

<p>Divorce — Decree—Proceeding to Vacate After Death of Party — ■ Substitution of Executors — No Subject of Litigation. An action for a divorce is purely personal, and upon tbe death of either party, the subject-matter of the action is eliminated and a judgment for divorce cannot be thereafter vacated for want of jurisdiction to render it.</p> <p>Same — Consent of Executors. After the death of a party to a decree of divorce, his executors cannot consent to the vacation of the decree or be substituted as parties for the purpose of service of notice.</p> <p>Judgment — Jurisdiction to Vacate — Notice. The inherent jurisdiction of a court to set aside a decree void for want of jurisdiction, is no more potent than jurisdiction conferred by statute, and such a judgment cannot be vacated without notice, even for the purpose of clearing the record.</p>