Whitmore v. Hardin
Utah Supreme Court
Appeal by the plaintiff from a judgment of the third district court in favor of the defendant Emma Hardin. Prior to 1862 Emma Hardin and John W. Jenkins were man and wife; in that year they were divorced by a decree of the probate court of Salt Lake county, and by this decree the divorced wife was awarded possession of parts of the house situate on the premises which are the subject of this action, as long as she should remain unmarried.
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Appeal by the plaintiff from a judgment of the third district court in favor of the defendant Emma Hardin. Prior to 1862 Emma Hardin and John W. Jenkins were man and wife; in that year they were divorced by a decree of the probate court of Salt Lake county, and by this decree the divorced wife was awarded possession of parts of the house situate on the premises which are the subject of this action, as long as she should remain unmarried. In 1873 Emma Hardin remarried, having in the mean time abandoned the possession decreed her. On May 18, 1875, John W. Jenkins and another wife, Eliza,…
1Opinion of the Court
EMERSON, J.:
The appeal is from the judgment, and only the judgment roll is before this court.
It is claimed on the part of the appellant that the conclusions of law are radically wrong, and that upon the facts found she was entitled to a decree of foreclosure.
The first point made of the appellant is that the decree of the probate court of August 30, 1862, is a nullity, and John W. Jenkins and Emma Hardin áre yet husband and wife.
This decree was made by the probate court, in the exercise of a jurisdiction given to it by an act of the territorial legislature passed in 1852, to grant divorces for…
2Cases cited9 opinions
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Wright v. Wright's LesseeCourt of Appeals of Maryland · 1852
- Perris v. HigleySupreme Court of the United States · 1874
- Wightman v. WightmanNew York Court of Chancery · 1820
- Perky v. PerryNew York Court of Chancery · 1831
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Myers v. MyersUtah Supreme Court · 1923
- Read v. ReadUtah Supreme Court · 1904
- Buzzo v. BuzzoUtah Supreme Court · 1915
- Harrison v. HarrisonUtah Supreme Court · 1969