McBride v. McBride
North Dakota Supreme Court
Appeal from the District Court of Pierce County, Honorable O, W. Buttz, Special Judge. “A judgment dismissing a suit for divorce does not bar a subsequent suit therefor unless it was rendered after a trial of the issues and upon the merits.”
Read the full summary
Appeal from the District Court of Pierce County, Honorable O, W. Buttz, Special Judge. “A judgment dismissing a suit for divorce does not bar a subsequent suit therefor unless it was rendered after a trial of the issues and upon the merits.” Haldeman v. United States, 91 U. S. 584; Rincon Water Co. v. Anaheim Union Power Co. 115 Fed. 543; Bishop v. McGillis (Wis.) 51 N. W. 1075; Wakely v. Delaplaine, 15 Wis. 554; Gocldner v. Goeldner (Iowa) 139 N. W. 889; Craig v. Craig, 87 S. E. 727; Kershaw v. Kershaw, 5 Pa. Dist. R. 551; McPherson v. Swift, 22 S. D. 165, 116 N. W. 76; Taylor v. Neys, 11 S.…
1Opinion of the CourtRobinson, J.
“’Tis said, alas! that love should wound itself and sweet affection prove the spring of woe.” In the springtime of life, some thirty years ago, the parties to this action met, loved, and plighted their vows. She has borne him five children, now young men, whose ages vary from twenty-nine to seventeen years; but now, as the passions of youth have naturally waned, and “age has cloyed love and use destroyed love,” she brings this suit to sever the bonds of matrimony. She avers that during the past two years defendant has treated her in a cruel and inhuman manner, by calling her bad names,…
2Cited by2 opinions
- Raszler v. RaszlerNorth Dakota Supreme Court · 1954
- Johnson v. JohnsonNorth Dakota Supreme Court · 1924