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Hamilton v. Hamilton

Citations

  • 410 N.W.2d 508
  • 1987 N.D. LEXIS 365

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding wife was not precluded from prosecuting independent action to obtain relief from decree after husband failed to disclose divisible property
  • holding wife was not precluded from prosecuting independent action to obtain relief from decree after husband failed to disclose divisible property
  • discussing the equitable powers of the court to entertain a separate independent action in equity which is a separate legal claim from relief under N.D.R.Civ.P. 60(b)
  • “Any attempt to avoid, defeat or evade a judgment, or to deny its force and effect, in some incidental proceeding not provided for by law, with the express purpose of obtaining relief from that judgment is a collateral attack.”
  • “Any attempt to avoid, defeat or evade a judgment, or to deny its force and effect, in some incidental proceeding not provided for by law, with the express purpose of obtaining relief from that judgment is a collateral attack.”
  • discussion on requirements for maintaining independent actions in equity

Source: CourtListener parenthetical corpus (CC0).

Judges: Gierke, Erickstad, Levine, Meschke, Vande Walle

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.