Smith v. Smith
Idaho Supreme Court
APPEAL from tbe District Court of the Fifth Judicial District, for Bannock County. Hon. Robert M. Terrell, Judge. Action for divorce. Judgment for plaintiff. Where marriage is void, fact that person entered into it in good faith and with belief that he had right to' marry is immaterial on question of its invalidity. (Pratt v. Pratt, 157 Mass. 503, 32 N. E. 747, 21 L. R. A. 97; Thomas v. Thomas, 124 Pa.
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APPEAL from tbe District Court of the Fifth Judicial District, for Bannock County. Hon. Robert M. Terrell, Judge. Action for divorce. Judgment for plaintiff. Where marriage is void, fact that person entered into it in good faith and with belief that he had right to' marry is immaterial on question of its invalidity. (Pratt v. Pratt, 157 Mass. 503, 32 N. E. 747, 21 L. R. A. 97; Thomas v. Thomas, 124 Pa. St. 646, 17 Atl. 182 •; Kenley v. Kenley, 2 Teates (Pa.), 207; Martin’s Heirs v. Martin, 22 Ala. 86; Wilson v. Allen, 108 Ga. 275, 33 S. E. 975.) Cohabitation without formal marriage and by…
1Opinion of the CourtBudge, J.
This is an action for divorce upon the ground of extreme cruelty and for division of the community property.
The facts are in substance as follows: Appellant and respondent began living together as husband and wife in Salt *480Lake City, Utah, on February 7, 1908. They moved to Soda Springs, Idaho, on March 1, 1910, and there purchased a small home in which they resided until a year later, when appellant made a homestead entry, to which they moved and upon which they resided for approximately five years, or until final proof was made, appellant going back and forth to Soda Springs, where for á…
2Cases cited16 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Clayton v. . WardellNew York Court of Appeals · 1850
- Teter v. TeterIndiana Supreme Court · 1885
- Murchison v. GreenSupreme Court of Georgia · 1907
- Bowman v. LittleCourt of Appeals of Maryland · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Graham v. Larry Donohoe LoggingIdaho Supreme Court · 1982
- Mauldin v. Sunshine Mining Co.Idaho Supreme Court · 1939
- Nicholas Ex Rel Nicholas v. Idaho Power Co.Idaho Supreme Court · 1942
- Welch v. All PersonsMontana Supreme Court · 1927
- Thomey v. ThomeyIdaho Supreme Court · 1947
17 more not listed; retrieve them via the Exa API.