Legal Opinion

Smith v. Smith

Indiana Court of Appeals

Decided June 7, 1905No. 5,400PublishedCited by 14 opinions

From Hamilton Circuit Court; Ira W. Christian, .Judge. Action by Minnie B. Smith against Aaron H. Smith. From a decree for plaintiff, defendant appeals.

1Opinion of the CourtMyers, P. J.

This is an action by the wife (appellee) against her husband (appellant) for separate support of herself and their two children, aged seven and five years respectively. This cause is based upon §6977 et seq. Bums 1901, §5132 et seq. E. S. 1881. The complaint declares upon the third clause of §6977, supra, and substantially complies with §6978, supra,

1. In the form in which the record comes to this court, the sufficiency of the complaint is here for the first time the subject of attack for want of facts. The objections stated are: (1) That it does not aver the desertion without cause; (2) “the…

2Cases cited23 opinions

  1. City of South Bend v. TurnerIndiana Supreme Court · 1901
  2. Parkison v. ThompsonIndiana Supreme Court · 1905
  3. Burkett v. HolmanIndiana Supreme Court · 1885
  4. Hudelson v. HudelsonIndiana Supreme Court · 1905
  5. McFadden v. RossIndiana Supreme Court · 1886

18 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Anderson v. AndersonIndiana Court of Appeals · 1979
  2. Lynch v. KeckIndiana Court of Appeals · 1970
  3. Indianapolis & Northwestern Traction Co. v. HendersonIndiana Court of Appeals · 1906
  4. Haas, Et Ux. v. Rathburn, Et Ux.Indiana Court of Appeals · 1965
  5. Schmoll v. SchenckIndiana Court of Appeals · 1907

9 more not listed; retrieve them via the Exa API.

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