Legal Opinion

Smith v. Smith

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 23 opinions

Error from Douglas District Court. Action for divorce, brought by Maggie 0. Smith against Ethan A. Smith. Trial at the April Term, 1879, of the district court, and judgment for defendant. The plaintiff brings the case to this court. The facts sufficiently appear in the opinion, infra.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action for divorce, and the first question is, whether the testimony which is not contradictory makes out “gross neglect of duty” within the meaning of those terms as used in the divorce statute. The case is thus: On Apr-il 30, 1878, plaintiff, at the suggestion of defendant, left their home in Lawrence, to visit her sister in eastern Massachusetts. The defendant purchased her a ticket and gave her sixty dollars, promising to send her more from time to time. She wrote for money the first time in August, and he replied, again…

2Cases cited3 opinions

  1. Peabody v. PeabodyMassachusetts Supreme Judicial Court · 1870
  2. Brown v. BrownMichigan Supreme Court · 1871
  3. Holt v. HoltMassachusetts Supreme Judicial Court · 1875

3Cited by23 opinions

  1. Porter, Exr. v. LerchOhio Supreme Court · 1934
  2. Wohlfort v. WohlfortSupreme Court of Kansas · 1924
  3. Petty v. PettySupreme Court of Kansas · 1938
  4. Rose v. HendersonSupreme Court of Florida · 1912
  5. Branson v. BransonSupreme Court of Oklahoma · 1942

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