Page:North Dakota Reports (vol. 3).pdf/384

 Modified and affirmed.

M. A. Hildreth, for appellant.

Service of papers upon a former attorney, but after the relation of attorney and client has ceased, is not proper service. Beach v. Beach, 6 Dak. 374. The affidavit for publication of summons was sufficient. Kennedy v. Ins. Co., 101 N. Y. 487, 43 Hun. 629, 76 Cal. 646. The defendant having appeared and moved to vacate, the judgment upon other grounds than want of jurisdiction, was a general appearance and cured all defects in prior proceedings. Handy v. Ins. Co. 37 Ohio St. 366; Swift v. Lee, 65 Ill. 336; McBain v. People, 50 Ill. 503; Dunning v. Dunning, 37 Il. 306.

L. A. Rose, for respondent.

Motion papers to set aside a judgment of divorce granted by default are properly served on the attorney for the plaintiff in the judgment, although made after entry of judgment and after the attorney for the plaintiff has been paid off and discharged. Miller v. Miller, 37 How. Pr. 1; Merriam v. Gordon, 22 N. W. Rep. 563; Beach v. Beach, 43 N. W. Rep. 701; Drury v. Russell, 27 How. Pr. 130; Lusk v. Hastings, 1 Hill. 656. The court may vacate its judgment after term where it did not have jurisdiction to render judgment or where for any reason the judgment is void or where its rendition or entry was procured by fraud. Edson v. Edson, 108 Mass. 590; Cottrell v. Cottrell, 23 Pac. Rep. 531; Caswell v. Caswell, 11 N. E. Rep. 342; Morton v. Morton, 27 Pac. Rep. 718; Wisdom v. Wisdom, 39 N. W. Rep. 594; Brown v. Grove, 18 N. Rep. 387; McBlane v. McBlane, 20 Pac. Rep. 61; Cross v. Cross, 15 N. E. Rep. 333. Lapse of time will not effect the right to vacate a judgment void for want of jurisdiction. Feikert v. Wilson, 37 N. W. Rep. 585; Vilas v. Pl. N. Y. 25 N. E. Rep. 941; Caswell v. Caswell, 11 N. E. Rep. 342. One year limitation within which to vacate default does not apply to void judgments. Peo. v. Greene, 16 Pac. Rep. 197. Affidavit of merits is not necessary to set aside a decree of divorce obtained by fraud. Cottrell v. Cottrell, 23 Pac.