Legal Opinion
Heckathorn v. Heckathorn
New Mexico Supreme Court
Decided January 30, 1967No. 8130PublishedCited by 51 opinions
1Opinion of the Court
OPINION
WOOD, Judge, Court of Appeals.
The appeal involves the validity of a divorce decree. The issues are: (1) jurisdiction, (2) laches, (3) estoppel and (4) public policy.
The right to apply for or obtain a divorce is accorded only by statute. Chaney v. Chaney, 53 N.M. 66, 201 P.2d 782. The statutory provision is § 22-7-4, N.M. S.A.1953; the applicable portion states that plaintiff:
“ * * * [Mjust have been an actual resident, * * * of the state for one (1) year next preceding the filing of * * * her complaint; * * * ”
The complaint contained no such allegation. The answer denied that the…
2Cases cited18 opinions
- Harlan v. HarlanCalifornia Court of Appeal · 1945
- State v. PattenNew Mexico Supreme Court · 1937
- Jernigan v. New Amsterdam Casualty CompanyNew Mexico Supreme Court · 1961
- Canavan v. CanavanNew Mexico Supreme Court · 1913
- In Re Field's EstateNew Mexico Supreme Court · 1936
13 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Marchman v. NCNB Texas National BankNew Mexico Supreme Court · 1995
- Sundance Mechanical & Utility Corp. v. AtlasNew Mexico Supreme Court · 1990
- State v. ArandaNew Mexico Court of Appeals · 1980
- Chavez v. County of ValenciaNew Mexico Supreme Court · 1974
46 more not listed; retrieve them via the Exa API.