Legal Opinion · Dissent

Gibbs v. Gibbs

Utah Supreme Court

Decided August 15, 1903No. 1383Published

Appeal from the Fifth District Court, Millard County. —Hon. Thomas Marioneaux, Judge. Action of divorce, instituted in Millard county, on the ground of the alleged adultery of the defendant charged in the complaint as having been committed in Piute county. From a judgment dismissing the action, the plaintiff appealed.

1DissentBartch, J.

(dissenting as to the constitutional construction of the majority of the court in three cases, but concurring in the judgment in each of two of them, and favoring a rehearing in the other). — After careful examination of the opinions of my Brethren, which are now before me as the final expression of their views respecting the questions involved herein, I find myself utterly unable to agree with them in their interpretation of the Constitution. This is also true as to the case of Fields v. The Daisy Gold Mining Co. et al., 26 Utah 373, 73 Pac. 521, respecting the constitutional construction…

2Cases cited36 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Dred Scott v. SandfordSupreme Court of the United States · 1857
  3. Morris v. GilmerSupreme Court of the United States · 1889
  4. Cameron v. HodgesSupreme Court of the United States · 1888
  5. Oakley v. . AspinwallNew York Court of Appeals · 1850

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