Jenkins v. Jenkins
Oregon Supreme Court
From Harney: Gustav Anderson, Judge. Department 2. This is a divorce suit. By his complaint T. E. Jenkins accused his wife, Tissie Belle Jenkins, of the commission of the crime of adultery alleged to have been committed with one Rector Arnwine in Harney County, Oregon, on April 5,1918, and, because of such alleged lascivious conduct, prays for a decree of divorce.
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From Harney: Gustav Anderson, Judge. Department 2. This is a divorce suit. By his complaint T. E. Jenkins accused his wife, Tissie Belle Jenkins, of the commission of the crime of adultery alleged to have been committed with one Rector Arnwine in Harney County, Oregon, on April 5,1918, and, because of such alleged lascivious conduct, prays for a decree of divorce. The defendant wife, answering, denied the accusation made by her husband and filed a cross-complaint in which she prays for a decree of divorce, and for grounds avers, first, her husband’s habitual gross drunkenness contracted since…
1Opinion of the CourtBrown, J.
— A question presented to us is the degree of proof required to establish the charge of adultery in a suit for the dissolution of the marriage contract. There are decisions teaching that proceedings for divorce are in their nature criminal, and that the facts necessary to establish the crime charged as grounds for a divorce must be proved beyond a reasonable doubt. It was said by the Supreme Court of Texas in Stafford v. Stafford, 41 Tex. 111:
“While the suit for a divorce is in its form a civil proceeding, it has widely different features and incidents connected with it. In all divorce suits…
2Cases cited20 opinions
- Stone v. United StatesSupreme Court of the United States · 1897
- Spain v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1915
- Shufeldt v. ShufeldtCourt of Appeals of Maryland · 1898
- Kerr v. KerrAppellate Division of the Supreme Court of the State of New York · 1909
- Stafford v. StaffordTexas Supreme Court · 1874
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Casey v. Northwestern Security Insurance CompanyOregon Supreme Court · 1971
- State v. MorrowOregon Supreme Court · 1937
- State of Oregon v. WattsOregon Supreme Court · 1956
- Marshall v. MullinOregon Supreme Court · 1958
- Carmichael v. CarmichaelOregon Supreme Court · 1923
9 more not listed; retrieve them via the Exa API.