McConnell v. McConnell
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. The original complaint states- no statutory ground of divorce. Oral amendment is not permissible.
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Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. The original complaint states- no statutory ground of divorce. Oral amendment is not permissible. Kirby’s Dig. § 6085; 58 Ark. 446; 72 Ark. 478. Where the ground of demurrer is that no cause of action is stated, pleading over after demurrer is overruled is not an abandonment of the demurrer. 8 Ark. 74; 44 Ark. 202”; 49 Ark. 277. 2. No allowance of an attorney’s fee should be made where the defendant is not seeking a divorce, and wl .ere the proof shows that the plaintiff has already, by valid contract, secured the services…
1Opinion of the CourtHart, J.
This is an action for divorce and alimony instituted by Eiphie McConnell against Hugh McConnell. Plaintiff and defendant were married in Missouri on August 12, 1906, and soon afterwards came to defendant’s home at Paragould, Arkansas, and lived there until their separation on April 9, 1908. At the time of their marriage, plaintiff was 23, and defendant was 50 years old. Defendant was a man of considerable property, and plaintiff had nothing. When they separated, they executed a written agreement whereby plaintiff was to receive $500 in lieu of all her claims or interest of any kind whatever…
2Cases cited6 opinions
- Sharon v. SharonCalifornia Supreme Court · 1888
- Pryor v. PryorSupreme Court of Arkansas · 1908
- Jordan v. WestermanMichigan Supreme Court · 1886
- Shirey v. ShireySupreme Court of Arkansas · 1908
- White v. WhiteCalifornia Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kientz v. KientzSupreme Court of Arkansas · 1912
- Chreste v. Louisville Railway Co.Court of Appeals of Kentucky · 1915
- Holmes v. HolmesSupreme Court of Arkansas · 1932
- McCue v. McCueSupreme Court of Arkansas · 1946
- Sande v. SandeIdaho Supreme Court · 1961
32 more not listed; retrieve them via the Exa API.