Rodgers v. Rodgers
Supreme Court of Kansas
Error from Cloud District Court. ■ On January 9, 1878, at Manhattan, Kan., Alvin S. Rodgers was married to Rebecca B. Rodgers. They lived together as husband and wife until 1883, their home being in Cloud county, and three children were born of the marriage. On or about April 16, 1883, Alvin S. Rodgers was adjudged insane, and was committed to the asylum at Topeka, where he remained until June 28,1883, when he was discharged as cured.
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Error from Cloud District Court. ■ On January 9, 1878, at Manhattan, Kan., Alvin S. Rodgers was married to Rebecca B. Rodgers. They lived together as husband and wife until 1883, their home being in Cloud county, and three children were born of the marriage. On or about April 16, 1883, Alvin S. Rodgers was adjudged insane, and was committed to the asylum at Topeka, where he remained until June 28,1883, when he was discharged as cured. He returned home, but stayed only a few days, and then left. During the time that he remained in Cloud county his actions -were unusual, and afterward he wrote…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: I. We deem it unnecessary to decide whether the proceedings of the probate court in August and September, 1891, for the restoration of Alvin S. Rodgers to his rights as a sane man were valid or not. It appears that, during his residence *487in West Virginia, he was always regarded as sane, and, two years before this action was brought, he commenced proceedings for a divorce, and he actually obtained a decree on July 17, 1889, which was set up in his behalf as a bar to the present action. Under the circumstances, the defenses of insanity and…
2Cases cited1 opinion
- Cook v. CookWisconsin Supreme Court · 1882
3Cited by42 opinions
- Taylor v. TaylorCalifornia Supreme Court · 1923
- Kenner v. KennerTennessee Supreme Court · 1917
- Wear v. WearSupreme Court of Kansas · 1930
- Sanders v. SandersMissouri Court of Appeals · 1929
- Mutual Life Insurance v. WiswellSupreme Court of Kansas · 1896
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