Legal Opinion

Gardner v. Gardner

North Dakota Supreme Court

Decided May 2, 1900PublishedCited by 4 opinions

Appeal from District Court, Grand Forks County; Morgan, J. Action by John A. Gardner against Louie S. Gardner. Judgment for plaintiff, and defendant appeals.

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Appeal from District Court, Grand Forks County; Morgan, J. Action by John A. Gardner against Louie S. Gardner. Judgment for plaintiff, and defendant appeals. Evidence of statements and declarations of the injured party, made at the time or immediately after the commission of the wrongful act, where the party is laboring under great mental strain or excitement, indicating that the statements are made upon the impulse, without premeditation, are admissible as res gestae where the wrong complained of has been proven by other testimony. The corroborative evidence in this case, however, was not…

1Opinion of the CourtWallin, J.

The plaintiff by this action is seeking a total divorce 1 from the bonds of matrimonv. The trial court found in favor of the plaintiff, and entered judgment divorcing the parties, and decreeing the custody of their only child, a daughter, to the defendant. The grounds of the action, as stated in the complaint, are extreme cruelty and desertion, but there is no claim that such extreme cruelty consisted of any bodily violence either done or threat*195ened by the defendant, nor that the desertion charged against the defendant consisted of an actual quitting of plaintiff’s place of abode by the…

2Cases cited2 opinions

  1. Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
  2. Moe v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891

3Cited by4 opinions

  1. Swanson v. SwansonNorth Dakota Supreme Court · 1947
  2. McLean v. UnderdalNorth Dakota Supreme Court · 1943
  3. Fleck v. FleckNorth Dakota Supreme Court · 1953
  4. King v. KingNorth Dakota Supreme Court · 1926

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