Railsback v. Railsback
Oregon Supreme Court
From Multnomah.: William N. G-atens, Judge. In Banc. This was a suit for divorce. The complaint alleged that plaintiff had ever been mindful of his marriage vows, and had treated defendant as a wife in her station in life should be treated; that defendant had heaped upon him personal indignities, which are specified as being extremely jealous and insisting that plaintiff was associating with and committing adultery with numerous women; that plaintiff is a life insurance…
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From Multnomah.: William N. G-atens, Judge. In Banc. This was a suit for divorce. The complaint alleged that plaintiff had ever been mindful of his marriage vows, and had treated defendant as a wife in her station in life should be treated; that defendant had heaped upon him personal indignities, which are specified as being extremely jealous and insisting that plaintiff was associating with and committing adultery with numerous women; that plaintiff is a life insurance solicitor, and she insisted that it was necessary for her to accompany him, while he was soliciting insurance, in order — as…
1Opinion of the CourtMcBRIDE, C. J.
1, 2. It is urged that the complaint is defective in that it does not allege that the accusations made by defendant were made with the intent to wound his feelings, but the defendant did not demur, but went to trial upon a simple denial that the accusations were made. Under the circumstances we *625think the complaint, is sufficient. The evidence shows that she had repeatedly accused him of lewd conduct with various women, and there is not a particle of testimony outside of her own surmises to indicate that these accusations are true. In fact, the testimony indicates that in spite of continual…
2Cited by2 opinions
- Steele v. SteeleOregon Supreme Court · 1920
- Kellogg v. KelloggOregon Supreme Court · 1928