Smith v. Smith
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Rose, J. Action by Charles H. Smith againt Malvina W. Smith for a divorce. From a decree granting plaintiff an absolute divorce, defendant appeals. Respondent came from New York where he had been a resident all his life and unless a change is shown by clear and positive proof he will be presumed a resident of New York.
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Appeal from District Court, Stutsman County; Rose, J. Action by Charles H. Smith againt Malvina W. Smith for a divorce. From a decree granting plaintiff an absolute divorce, defendant appeals. Respondent came from New York where he had been a resident all his life and unless a change is shown by clear and positive proof he will be presumed a resident of New York. Mitchell v. United States, 21 Wall. 350. The only evidence of his intention to make this state his home is his own uncorroborated statement, •unaccompanied by proof of any act indicating such intention. Such declarations are entitled…
1Opinion of the CourtWallin, J.
This action was brought to obtain a divorce from the bonds of matrimony. In the court below the plaintiff prevailed, and obtained a judgment decreeing a total divorce between the parties on the grounds of the defendant’s cruelty and desertion. The record transmitted to this court embraces all the evidence, and the case is now before the court for trial anew on the merits, under section 5630, Rev. Codes.
In the view which we have taken of the questions presented by the record, it becomes unnecessary, if not improper, in disposing of the case, to do more than to discuss a single 'feature…
2Cases cited3 opinions
- Carpenter v. CarpenterSupreme Court of Kansas · 1883
- Colburn v. ColburnMichigan Supreme Court · 1888
- Fosdick v. FosdickSupreme Court of Rhode Island · 1885
3Cited by9 opinions
- Schillerstrom v. SchillerstromNorth Dakota Supreme Court · 1948
- Bechtel v. BechtelSupreme Court of Minnesota · 1907
- Presson v. PressonNevada Supreme Court · 1915
- Beeman v. KitzmanSupreme Court of Iowa · 1904
- Graham v. GrahamNorth Dakota Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.