Clark v. Barney
Supreme Court of Oklahoma
Error from District Court. Pottawatomie Countyj B. F. Burwell, Judge. Action between J. E. Clark and others and Charley E. Barney and others. From the judgment, Charles E. Barney and such others bring error. citing: Bishop on Marriage and Divorce (4th Ed.) Vol. 1, secs. 506-7; Bose v. Bose, 67 Mich. 619; Cartwright v. McCown (Ill.) 2 Am. St. Eep. 105; Spencer ¶. Pollock et al.
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Error from District Court. Pottawatomie Countyj B. F. Burwell, Judge. Action between J. E. Clark and others and Charley E. Barney and others. From the judgment, Charles E. Barney and such others bring error. citing: Bishop on Marriage and Divorce (4th Ed.) Vol. 1, secs. 506-7; Bose v. Bose, 67 Mich. 619; Cartwright v. McCown (Ill.) 2 Am. St. Eep. 105; Spencer ¶. Pollock et al. (Wis.) 17 L. E. A. 848; Bice v. Bandlett (Mass.) 6 N. E. Eep. 238; Floyd v. Calvert, 53 Miss. 37; Appeal of Beading Fire Ins. Co. (Penn.) 57 Am. Eep. 448; Badger v. Badger, 88 N. Y. S. 46; Brinkley v. Brinkley, 50 N. Y.…
1Opinion of the CourtWilliam, J.
The only question essential for the ■ determination of this case is whether or not Elizabeth A. Barney was the lawful wife of Joseph A. Barney at the time of his death. This case was tried in the lower court upon an agreed statement of facts, to wit:
"(3) That Joseph A. Barney and Mrs. E. A. Barney, a widow, were legally married about the year 1880, and that two children were born of this marriage and are now living and over the age of 21 years. * * *
“(5) That Mrs. E. A. Barney, nee. Clark, and Joseph A. Barney, separated and were legally divorced at Topeka, Kan., on the 24th day of January,…
2Cases cited12 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Reaves v. ReavesSupreme Court of Oklahoma · 1905
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
- Poole v. PeopleSupreme Court of Colorado · 1898
- Gordon v. GordonIllinois Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Love's EstateSupreme Court of Oklahoma · 1914
- Jones v. KempCourt of Appeals for the Tenth Circuit · 1944
- Palmer v. CullySupreme Court of Oklahoma · 1915
- Coachman v. SimsSupreme Court of Oklahoma · 1913
- Fearnow v. JonesSupreme Court of Oklahoma · 1912
17 more not listed; retrieve them via the Exa API.