Westfall v. Westfall
Oregon Supreme Court
From Yamhill: Harry H. Belt, Judge. Department 1. In this proceeding the plaintiff seeks relief in a court of equity, for the annulment of the marriage contract with defendant, on the ground of fraud. He complains that at the time of marriage defendant was. pregnant with child, which fact she concealed.
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From Yamhill: Harry H. Belt, Judge. Department 1. In this proceeding the plaintiff seeks relief in a court of equity, for the annulment of the marriage contract with defendant, on the ground of fraud. He complains that at the time of marriage defendant was. pregnant with child, which fact she concealed. Briefly, the facts are: Harvey A. Westfall, of the age of 26 years, plaintiff and appellant, on the thirteenth day of January, 1920, married Florence Ehna Wood, 17 years of age. A girl babe was born to the wife on February 12, 1920. Plaintiff cared for her for eight days thereafter, and she…
1Opinion of the CourtBrown, J.
We have set down the facts at some length in the statement for the reason that this case is out of the ordinary. The contradictory statements of plaintiff and defendant raise questions of veracity. Whom shall we believe? It has been written that:
_ “There is no standard by which the weight of conflicting evidence can be ascertained.”
If the controlling facts in the case at bar are fully comprehended, the application of the law presents no serious problem. Plaintiff charges his wife with pregnancy by a third person at marriage, and with concealment. Defendant admits pregnancy, but denies…
2Cases cited13 opinions
- Wallace v. WallaceSupreme Court of Iowa · 1908
- Chatham v. MillsCalifornia Supreme Court · 1902
- Crehore v. CrehoreMassachusetts Supreme Judicial Court · 1867
- Rabeke v. BaerMichigan Supreme Court · 1897
- Shuman v. ShumanWisconsin Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Eldridge v. EldridgeSupreme Court of Florida · 1944
- Burke v. BurkeOregon Supreme Court · 1959
- Carnegie v. CarnegieSupreme Court of Alabama · 1954
- Lindquist v. LindquistNew Jersey Superior Court Appellate Division · 1941
- Yanoff v. YanoffMichigan Supreme Court · 1927
13 more not listed; retrieve them via the Exa API.