Cochran v. Cochran
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Wakeley, J. The facts are set forth in the opinion. The courts have general equity powers under the common law to set aside decrees on the ground of fraud, and parties are not limited to the remedy provided by the statutes. The action is riot barred.
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Appeal from the district court of Douglas county. Heard below before Wakeley, J. The facts are set forth in the opinion. The courts have general equity powers under the common law to set aside decrees on the ground of fraud, and parties are not limited to the remedy provided by the statutes. The action is riot barred. (District Township of Newton v. White, 42 la., 613; Bowen v. Troy Portable Mill Co., 31 la., 461; Partridge v. Harrow, 27 la., 97; Whitcomb v. Whitcomb, 46 la., 437; Wisdom v. Wisdom, 24 Neb., 551.) It was not necessary to proceed in the same cause in which the fraudulent decree…
1Opinion of the Court
Ragan, C.
On the 17th day of December, 1886, Mrs. L. Letitia Cochran (hereinafter called Mrs. Cochran) brought this suit in equity in the district court of Douglas county against Warren Cochran, Beriah Cochran and wife, Elmer G. Cochran and wife, and Katie Cochran. The substance of Mrs. Cochran’s petition was as follows: That she was married to Warren Cochran in the state of Wisconsin on the 13th of March, 1867, and from that time until Novena*615ber, 1883, they had lived and cohabited together as husband and wife; that as the fruit of such marriage there were born to them two children, a boy and…
2Cases cited8 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Galland v. GallandCalifornia Supreme Court · 1869
- Graves v. GravesSupreme Court of Iowa · 1873
- Whitcomb v. WhitcombSupreme Court of Iowa · 1877
- Earle v. EarleNebraska Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In re DoleHawaii Supreme Court · 1903
- Wassung v. WassungNebraska Supreme Court · 1939
- McCormick v. McCormickSupreme Court of Kansas · 1910
- Scott v. ScottNebraska Supreme Court · 1951
- Rhoades v. RhoadesNebraska Supreme Court · 1907
29 more not listed; retrieve them via the Exa API.