Legal Opinion

Evans v. Evans

Supreme Court of Minnesota

Decided February 18, 1890PublishedCited by 13 opinions

Appeal by plaintiff from a judgment of the district court for Ramsey county, Kelly, J., presiding, dismissing her action for a divorce from the bonds of matrimony. The defendant did not appear in the district court or in this court.

1Opinion of the CourtCollins, J.

But one question is presented upon this appeal, and that is, does a decree of separation from bed and board forever, made by virtue of the provisions of Gen. St. 1878, c. 62, §§ 30 et seq., and still in force, bar an action for a divorce a vinculo matrimonii, upon the statutory ground of habitual drunkenness, (Id. § 6, subdiv. 6,) the cause of action having arisen subsequent to the date of the decree a mensa et thoro ? The court below found as a fact that the defendant had been guilty of habitual drunkenness for the space of one year immediately preceding the filing of the complaint in the…

2Cases cited1 opinion

  1. Hokamp v. HagamanCourt of Appeals of Maryland · 1872

3Cited by13 opinions

  1. Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1899
  2. Cooke v. CookeSupreme Court of North Carolina · 1913
  3. Gustafson v. GustafsonSupreme Court of Minnesota · 1929
  4. Williams v. WilliamsArizona Supreme Court · 1928
  5. Cooke v. . CookeSupreme Court of North Carolina · 1913

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