Smith v. Smith
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Act ion by Charles A. Smith against Cora A. Smith. Judgment for defendant, and plaintiff appeals. The defendant, by her answer, admitted the marriage and the residence of the plaintiff as set forth in the complaint. The defendant, therefore, is not at liberty to raise an issue as to plaintiff’s residence, which she has closed by the admission in the answer.
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Appeal from District Court, Cass County; Pollock, J. Act ion by Charles A. Smith against Cora A. Smith. Judgment for defendant, and plaintiff appeals. The defendant, by her answer, admitted the marriage and the residence of the plaintiff as set forth in the complaint. The defendant, therefore, is not at liberty to raise an issue as to plaintiff’s residence, which she has closed by the admission in the answer. Whart Ev. mo; Paige v. Willet, 38 N. Y. 28; Myrick v. Bill, 17 N. W. Rep. 268; Fleishman v. Stein, 90 N. Y. no; Walrod v. Bennett, 6 Barb. 144; Ballow v. Parsons, n Hun. 662. A judgment…
1Opinion of the CourtMorgan, J.
This is an action for a divorce from the bonds of matrimony. The complaint states two grounds for such divorce, viz.: desertion and extreme cruelty. The complaint also states “that for more than ninety days last past, and prior to the commencement of this action, the plaintiff has been, and now is, a bona fide resident of the state of North Dakota.” The defendant interposed an answer denying the desertion and the extreme cruelty set forth in the complaint, and admitting in terms the marriage of the parties and the bona fide residence of the plaintiff in the state of North Dakota. At the trial…
2Cases cited6 opinions
- Dunham v. DunhamIllinois Supreme Court · 1896
- Moore v. MooreMissouri Court of Appeals · 1890
- Prettyman v. PrettymanIndiana Supreme Court · 1890
- Thelen v. ThelenSupreme Court of Minnesota · 1899
- Graham v. GrahamNorth Dakota Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schillerstrom v. SchillerstromNorth Dakota Supreme Court · 1948
- Coleman v. ColemanCalifornia Court of Appeal · 1913
- Clopton v. CloptonNorth Dakota Supreme Court · 1902
- Smith v. FotoMichigan Supreme Court · 1938
- Clopton v. CloptonNorth Dakota Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.