Birdzell v. Birdzell ex rel. Tucker
Supreme Court of Kansas
Error from Sedgwick District Court. ActioN for divorce, brought by Margaret Birdzell against Caleb J. Birdzell. Trial at the October Term, 1883, when the court refused to grant the divorce, but granted $5,000 as alimony, and decreed that the same should be a lien upon the homestead of the plaintiff and the defendant, and that it should be sold to satisfy the judgment. The defendant brings the case to this court. The material facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
VALENTINE, J.:
This was an action brought by John Tucker, in the name of “ Margaret Birdzell, by John Tucker, her guardian,” against Caleb J. Birdzell, to obtain a divorce on the part of Margaret Birdzell, an insane woman, from her husband, Caleb J. Birdzell, and for alimony. The case was tried before the court, without a jury, and the court refused to grant the divorce for the reason that it deemed itself powerless to grant a divorce to an insane person, but granted the alimony for the gross amount of $5,000, and decreed that the same should be a lien…
Also in this document: Concurrence.
2Cases cited3 opinions
- Worthy v. WorthySupreme Court of Georgia · 1867
- Bradford v. AbendIllinois Supreme Court · 1878
- Baker v. KnickerbockerSupreme Court of Kansas · 1881
3Cited by26 opinions
- Mohrmann v. KobNew York Court of Appeals · 1943
- Mohler v. Estate of ShankSupreme Court of Iowa · 1895
- Davis v. DavisSupreme Court of Oklahoma · 1916
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- In Re Marriage of DrewsIllinois Supreme Court · 1986
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