Legal Opinion

Haverty v. Haverty

Supreme Court of Kansas

Decided July 15, 1886PublishedCited by 15 opinions

Error from Johnson District Court. . On January 15, 1883, Alice Haverty filed ber petition in the district court of Johnson county, in this state, asking a decree of divorce against John V. Haverty, on the following grounds, to wit: First, gross neglect of duty; second, extreme cruelty and inhuman treatment; third, abandonment for more than one year; and demanded the custody of George W. Haverty, a minor child, and asked that John "V. Haverty be debarred of all interest in…

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Error from Johnson District Court. . On January 15, 1883, Alice Haverty filed ber petition in the district court of Johnson county, in this state, asking a decree of divorce against John V. Haverty, on the following grounds, to wit: First, gross neglect of duty; second, extreme cruelty and inhuman treatment; third, abandonment for more than one year; and demanded the custody of George W. Haverty, a minor child, and asked that John "V. Haverty be debarred of all interest in her property. At the time the action was commenced and during all the time it was pending, until after the decree was…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

A preliminary question is presented in the motion filed by the defendant to dismiss this case, upon the ground that the petition in error was not filed within’ six months after the rendition of the judgment of divorce obtained by Alice Haverty against John V. Haverty. (Laws of 1881, ch. 126, § 1.) It appears from the record that the divorce was granted June 28, 1883. This action to vacate that *444judgment for fraud was commenced December 21, 1883, and the judgment rendered therein on June 25,1884. The petition in error was filed on May 4,…

2Cases cited2 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Laithe v. McDonaldSupreme Court of Kansas · 1871

3Cited by15 opinions

  1. Ford v. Guarantee Abstract & Title Co.Supreme Court of Kansas · 1976
  2. Hunt v. DresieSupreme Court of Kansas · 1987
  3. Leeker v. LeekerArizona Supreme Court · 1921
  4. Caldwell v. BiggerSupreme Court of Kansas · 1907
  5. Cunningham v. JonesSupreme Court of Kansas · 1887

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