Hubbard v. Hubbard
Supreme Court of Colorado
Error to the District Court of Arapahoe County. On the 14th day of October, A. D. 1887, the defendant in error filed his bill of complaint for divorce in the county court of Arapahoe county. In this complaint among other charges it is alleged that plaintiff in error at the time of her marriáge with the defendant in error had a husband living, and that since the solemnization of such marriage contract she had been guilty of repeated acts of adultery.
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Error to the District Court of Arapahoe County. On the 14th day of October, A. D. 1887, the defendant in error filed his bill of complaint for divorce in the county court of Arapahoe county. In this complaint among other charges it is alleged that plaintiff in error at the time of her marriáge with the defendant in error had a husband living, and that since the solemnization of such marriage contract she had been guilty of repeated acts of adultery. Summons was duly issued and served with a copy of the complaint upon the defendant, in the county of Arapahoe, on the same day that the action…
1Opinion of the CourtChief Justice Hayt
It is apparent upon the face of the petition that plaintiff in error was in no way misled or deceived as to the nature of the original action. She was duly served with process of summons and a copy of the complaint, and had at her service able counsel to defend her interests.
Thus advised and prepared she entered into a secret, collusive agreement with defendant in error, and for a promised consideration aided him by her silence to impose upon the court and procure a divorce. After the entry of the decree thus obtained she remained silent for more than one year, and only upon failure to…
2Cases cited2 opinions
- Zoellner v. ZoellnerMichigan Supreme Court · 1881
- Simons v. SimonsMichigan Supreme Court · 1881
3Cited by7 opinions
- Karren v. KarrenUtah Supreme Court · 1902
- Hall v. HallSupreme Court of Florida · 1927
- Bancroft v. BancroftCalifornia Supreme Court · 1918
- Fairclough v. St. AmandSupreme Court of Alabama · 1927
- Maher v. Title Guarantee & Trust Co.Appellate Court of Illinois · 1901
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