Warner v. Warner
Supreme Court of Kansas
Error from Jefferson District Court. Action for divorce from the bonds of matrimony, and for alimony. The petition was signed “Day & Eggers, and Keller & Johnson, attorneys for plaintiff,” and was verified by Amanda Q. Warner, plaintiff, before “John W. Day, Notary Public.” It was admitted that said notary was a member of the firm of “Day & Eggers.” Other facts are stated in the opinion of the court.
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Error from Jefferson District Court. Action for divorce from the bonds of matrimony, and for alimony. The petition was signed “Day & Eggers, and Keller & Johnson, attorneys for plaintiff,” and was verified by Amanda Q. Warner, plaintiff, before “John W. Day, Notary Public.” It was admitted that said notary was a member of the firm of “Day & Eggers.” Other facts are stated in the opinion of the court. The plaintiff had judgment at the November Term 1872, and the defendant brings the case here on error. 1. The verification of plaintiff’s petition before her attorney was no verification; hence…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant in error obtained a decree of divorce in the district court of Jefferson county. To reverse this decree plaintiff in error has instituted this proceeding. Two questions only are involved. Was the petition properly verified? If not, did plaintiff in error pursue the proper course to take advantage of this defect? The first question must be answered in the negative. The affidavit verifying the petition was made before the attorney of the plaintiff. This was unauthorized. Civil code, §§641, 113, 348, 349, 350, 345; Gilmore v.…
2Cases cited3 opinions
- Taylor v. HatchNew York Supreme Court · 1815
- Gilmore v. HempsteadNew York Supreme Court · 1849
- Webb v. ClarkThe Superior Court of New York City · 1849
3Cited by21 opinions
- Kaufman v. BoismierSupreme Court of Oklahoma · 1909
- St. Louis S. F. R. Co. v. BrunerSupreme Court of Oklahoma · 1915
- Pulliam v. PulliamSupreme Court of Kansas · 1947
- Hornick v. Union Pacific RailroadSupreme Court of Kansas · 1911
- Savage v. ParkerSupreme Court of Florida · 1907
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