Zarges v. Zarges

How courts have described this case

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

• holding that Wife’s remedy, if any, was in the nature of 7 a separate suit under the predecessor statute to Section 40-4-20
• statute confers jurisdiction on district court to hear subsequent, independent action to divide property left undivided in divorce decree
• statute confers jurisdiction on district court to hear subsequent, independent action to divide property left undivided in divorce decree
• statute confers jurisdiction on district court to hear subsequent, independent action to divide property left undivided in divorce decree
• “Under ordinary circumstances a party is not permitted to take a position in the court below and, thereafter, to take a contrary position on appeal.”
• when property rights are not considered or disposed of in a divorce action, a suit seeking division and distribution of the property is not barred

Source: CourtListener parenthetical corpus (CC0).