Price v. Wallace
District Court, D. Oregon
In Equity. Suit by Elizabeth M. Price against Marie Dewey Wallace. Peter B. Smith was, on July 12, 1893, married to Mrs. Lillie D. Ailes; she having been divorced from a former husband. The plaintiff is the daughter oí Mrs. Ailes, and was at the time about the age of 14 years.
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In Equity. Suit by Elizabeth M. Price against Marie Dewey Wallace. Peter B. Smith was, on July 12, 1893, married to Mrs. Lillie D. Ailes; she having been divorced from a former husband. The plaintiff is the daughter oí Mrs. Ailes, and was at the time about the age of 14 years. Plaintiff lived with her mother and stepfather until her marriage with Donald MacLean, February 20, 1899. This marriage took place in London, England; the plaintiff having gone abroad on a trip with her own father, Lyman Ailes, and at his expense. MacLean was á surgeon in the United States Army. The issue of the…
1Opinion of the CourtWorverton, District Judge
(after stating .the facts as above).
It is first urged that the suit and decree following upon the demurrer in the state court in Minnesota is a bar to the present suit. While I am strongly persuaded that the contention is sound (Lindsley v. Union Silver Star Min. Co., 115 Fed. 46, 52 C. C. A. 640), I am disposed to waive the -question and determine the cause solely upon the merits of the controversy. It should be further premised that this is not a suit to disclose an adoption on the part of Peter B. Smith of the plaintiff as his child, and thus to establish her right to a child’s portion of…
2Cases cited5 opinions
- Stellmacher v. BruderSupreme Court of Minnesota · 1903
- Robertson v. CorcoranSupreme Court of Minnesota · 1914
- Haubrich v. HaubrichSupreme Court of Minnesota · 1912
- Richardson v. RichardsonSupreme Court of Minnesota · 1911
- Lindsley v. Union Silver Star Min. Co.Court of Appeals for the Ninth Circuit · 1902
3Cited by4 opinions
- First Bank & Tr. Co., Etc., Extr. v. TellsonIndiana Court of Appeals · 1954
- Slover v. HarrisWyoming Supreme Court · 1957
- Fierke v. Elgin City Banking Co.Illinois Supreme Court · 1937
- Price v. WallaceCourt of Appeals for the Ninth Circuit · 1917