Smith v. Smith
Oregon Supreme Court
Appeal from Linn County. This is a suit by the respondent against the appellant for divorce upon two grounds: 1. Fraudulent representations by the appellant relied upon by the respondent at the time of the marriage to the effect that she had always led a chaste life, while in fact she had prior to such time given birth to an illegitimate child; 2. Cruel and inhuman treatment, by falsely charging the respondent in the presence of others of the crime of adultery with his…
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Appeal from Linn County. This is a suit by the respondent against the appellant for divorce upon two grounds: 1. Fraudulent representations by the appellant relied upon by the respondent at the time of the marriage to the effect that she had always led a chaste life, while in fact she had prior to such time given birth to an illegitimate child; 2. Cruel and inhuman treatment, by falsely charging the respondent in the presence of others of the crime of adultery with his daughter-in-law. The allegations relied upon by the respondent were denied by the appellant, except that which related to the…
1Opinion of the Court
By the Court,
Boise, J.:
The appellant claims that the first count of the complaint which alleges that the appellant was guilty of fraud and false representations or concealments of her real char*101acter, and thereby induced the respondent to contract the marriage, does not state sufficient facts to constitute a cause of suit.
The allegations of the complaint referred to as charging fraud are, that the appellant before the marriage represented herself as having been always a chaste and virtuous woman, and that by reason of these representations the respondent was induced to contract the marriage,…
2Cited by25 opinions
- MacDonald v. MacDonaldCalifornia Supreme Court · 1909
- Wesley v. WesleyCourt of Appeals of Kentucky · 1918
- Lyon v. LyonIllinois Supreme Court · 1907
- Williams v. WilliamsSupreme Court of Minnesota · 1907
- Domschke v. DomschkeAppellate Division of the Supreme Court of the State of New York · 1910
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