Legal Opinion

Smith v. Smith

Supreme Court of Colorado

Decided April 15, 1896PublishedCited by 21 opinions

Appeal from the District Court of Arapahoe County. Ih this one appeal are embraced three several actions, commenced in the district court by Jane H. Smith, as plaintiff, against Horace G. Smith, Jr., Ralph Smith and Jessie F. Smith, defendants respectively. In the court below the actions were consolidated and tried as one action. The complaints are alike in each of the three cases, except as to the party defendant.

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Appeal from the District Court of Arapahoe County. Ih this one appeal are embraced three several actions, commenced in the district court by Jane H. Smith, as plaintiff, against Horace G. Smith, Jr., Ralph Smith and Jessie F. Smith, defendants respectively. In the court below the actions were consolidated and tried as one action. The complaints are alike in each of the three cases, except as to the party defendant. It is alleged that appellee, Jane H. Smith, was married to Horace G. Smith in November, 1884, and that she remained' his lawful wife until the 17th day of August, 1892, upon which…

1Opinion of the CourtChief Justice Hayt

The record in this case discloses that the real estate deeded to his children, the issue by a former wife, was all the real estate owned by Horace G. Smith, Sr.; that aside from this he had no other property or choses in action, except a few hundred dollars in cash deposited to his credit in a bank, and that a few hours before his death he executed a check for this to one of his sons. As a result of these transactions, he left his widow absolutely penniless at his death. She was then old and infirm, and has since been dependent upon the charity of friends for her support. Appellants contend…

2Cases cited8 opinions

  1. Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
  2. Padfield v. PadfieldIllinois Supreme Court · 1875
  3. Manikee's Adm'r v. BeardCourt of Appeals of Kentucky · 1887
  4. Hart v. ChalkerSupreme Court of Connecticut · 1824
  5. Mayor v. . CoffinNew York Court of Appeals · 1882

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Crawfordsville Trust Co. v. RamseyIndiana Court of Appeals · 1913
  2. Grover v. CloverSupreme Court of Colorado · 1917
  3. Hughes v. LeonardSupreme Court of Colorado · 1919
  4. Bouldin v. TaylorTennessee Supreme Court · 1924
  5. Moedy v. MoedySupreme Court of Colorado · 1954

16 more not listed; retrieve them via the Exa API.

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