Hoellinger v. Hoellinger
North Dakota Supreme Court
• Appeal from District Court, Ward County, Honorable F. F. Fish, Special Judge. “As to tbe quantum of proof required to establish a charge of adultery, the prevailing rule is that, as in other civil actions, such fact need be proved only by a preponderance of the evidence.”' R. C. L. 328, § 105 ; Ellett v. Ellett, Ann. Cas. 1913B, 1215, and note, 157 N. C. 161, 39 L.R.A. (N.S.) 1135, 72 S. E. 861; Taft v. Taft, 12 Ann. Cas. 959, and note, 80 Yt. 256, 130 Am.
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• Appeal from District Court, Ward County, Honorable F. F. Fish, Special Judge. “As to tbe quantum of proof required to establish a charge of adultery, the prevailing rule is that, as in other civil actions, such fact need be proved only by a preponderance of the evidence.”' R. C. L. 328, § 105 ; Ellett v. Ellett, Ann. Cas. 1913B, 1215, and note, 157 N. C. 161, 39 L.R.A. (N.S.) 1135, 72 S. E. 861; Taft v. Taft, 12 Ann. Cas. 959, and note, 80 Yt. 256, 130 Am. St. Rep. 984, 67 Atl. 703; Chestnut v. Chestnut,'88 111. 548; Stiles v. Stiles, 167 111. 576, 47 N. E. 867; Heyman v. Heyman, 210 111.…
1Opinion of the CourtBirdzell, J.
This is an action for divorce, and comes before this court upon an appeal from the judgment of the district court of Ward county, decreeing a divorce to the defendant upon his counterclaim, and awarding to the plaintiff certain property as her separate estate; also awarding to the plaintiff the custody of a minor child, Angeline, a daughter, the only child of the marriage, who has since become of age. The appeal is taken under § 7848, Comp. Laws 1913, and the appellant demands a review and a retrial of the entire case in the supreme court. He indicates, however, in his assignment and in the…
2Cases cited10 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Campbell v. CampbellWisconsin Supreme Court · 1875
- State ex rel. Haberlan v. LoveNebraska Supreme Court · 1911
- Murray v. MurraySupreme Court of Alabama · 1887
- Hurd v. HallWisconsin Supreme Court · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- McCotter v. CarleCourt of Appeals of Virginia · 1927
- Kucera v. KuceraNorth Dakota Supreme Court · 1962
- Henry v. HenryNorth Dakota Supreme Court · 1950
- First National Bank v. BremsethNorth Dakota Supreme Court · 1931
- Montana-Dakota Utilities Co. v. AmannNorth Dakota Supreme Court · 1957
31 more not listed; retrieve them via the Exa API.