Wuest v. Wuest
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, Humboldt County. Tire facts are stated in the opinion. I. The cruelty of the plaintiff, upon which this decree is founded, is not a counter claim within the meaning of the civil practice act. (Secs. 46, 47.) II. The courts have no power to decree divorces a,t the instance of defendants. (1 Bish. on M. & D., sec. 3, et seq.} III.
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Appeal from the District Court of the Fourth Judicial District, Humboldt County. Tire facts are stated in the opinion. I. The cruelty of the plaintiff, upon which this decree is founded, is not a counter claim within the meaning of the civil practice act. (Secs. 46, 47.) II. The courts have no power to decree divorces a,t the instance of defendants. (1 Bish. on M. & D., sec. 3, et seq.} III. Marriage is a contract sui generis, and the rules of law applicable in enforcing other contracts do not apply to it. (Duntze v. Levett, 3 Eng. Ec. 360; Townsend v. Griffin, 4 Harrington 440; Ditson v.…
1Opinion of the Court
By the Court,
Belknap, J.:
The first question presented by this appeal is, can a defendant in a divorce suit have affirmative relief ?
In England the jurisdiction of divorce cases was committed to the ecclesiastical courts.. Under the practice of these courts the parties were, says Mr. Bishop in his Commentaries on the Law of Marriage and Divorce (sec. 316, vol. 2), “ in effect both plaintiff' and defendant at the same time. So that, for example, one proceeded against for divorce a mensa et thoro, or for nullity of the marriage, or for restitution of conjugal rights, not only could bring forward…
2Cases cited2 opinions
- J. G. v. H. G.Court of Appeals of Maryland · 1870
- Le Barron v. Le BarronSupreme Court of Vermont · 1862
3Cited by14 opinions
- People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
- State v. BuralliNevada Supreme Court · 1903
- State ex rel. Fowler v. MooreNevada Supreme Court · 1922
- Bickley v. BickleySupreme Court of Alabama · 1902
- Lemp v. LempNevada Supreme Court · 1943
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