Legal Opinion

Powell v. Powell

Supreme Court of Kansas

Decided July 15, 1877PublishedCited by 27 opinions

Error from Neosho District Court. Action for divorce, commenced in October 1874. Defendant was then in the asylum for the insane. Service, copy of summons left with one T. F. T., guardian of defendant. Trial, as upon defendant’s default, at January Term 1875, T. ~W. C., judge pro tern., presiding, and decree of divorce entered. At the December Term 1875, the district court, P. B. presiding, the decree was vacated and set aside.

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Error from Neosho District Court. Action for divorce, commenced in October 1874. Defendant was then in the asylum for the insane. Service, copy of summons left with one T. F. T., guardian of defendant. Trial, as upon defendant’s default, at January Term 1875, T. ~W. C., judge pro tern., presiding, and decree of divorce entered. At the December Term 1875, the district court, P. B. presiding, the decree was vacated and set aside. From this order vacating' said decree, the plaintiff appeals. The allegations of the petition, and the facts, will appear in the opinion, infra. The writers of this…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

i. insanity, as ivorce. An action was commenced in January 1875, in the district court of Neosho county, by Margaret Powell to obtain a divorce from James L. Powell. Thé causes alleged in the petition were the impotency of the defendant, and extreme cruelty on his part toward the plaintiff. The petition also stated that the defendant was at the time of the marriage, and at the time that the plaintiff contracted to marry the defendant, afflicted with insanity, winch then and long after the marriage was wholly unknown to the plaintiff; that…

2Cases cited2 opinions

  1. Wightman v. WightmanNew York Court of Chancery · 1820
  2. Rawdon v. RawdonSupreme Court of Alabama · 1856

3Cited by27 opinions

  1. In Re the Estate of GregorsonCalifornia Supreme Court · 1911
  2. Gribben v. MaxwellSupreme Court of Kansas · 1885
  3. Browning v. BrowningSupreme Court of Kansas · 1913
  4. Bethany Hospital Co. v. PhilippiSupreme Court of Kansas · 1910
  5. Fuller v. FullerSupreme Court of Kansas · 1885

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