Legal Opinion

Montague v. Montague

South Dakota Supreme Court

Decided May 24, 1910PublishedCited by 3 opinions

Appeal from Circuit Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action by George H. Montague against Inez May Montague. From an order sustaining a demurrer to the complaint, plaintiff appeals.

1Opinion of the CourtSmith, J.

Plaintiff brought an action in the circuit court of Lincoln county for -annulment of marriage. The complaint states in substance, that plaintiff -had been a bona fide resident in good faith of the state of South Dakota for a period of more than six months next preceding the commencement of the action, and at the time of the commencement .thereof was a citizen and elector of the state of South Dakota; that plaintiff and defendant *472entered into a form of marriage in the state of New York on the 17th day of May, 1907; that the marriage was procured by fraud of the defendant, and was voidable…

2Cases cited3 opinions

  1. Martin v. MartinWest Virginia Supreme Court · 1903
  2. Avakian v. AvakianNew Jersey Court of Chancery · 1905
  3. Piper v. PiperWashington Supreme Court · 1907

3Cited by3 opinions

  1. Antoine v. AntoineMississippi Supreme Court · 1923
  2. Ryke v. ReamSupreme Court of Iowa · 1931
  3. Wells v. WellsSouth Dakota Supreme Court · 1911

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