Legal Opinion

Mahnken v. Mahnken

North Dakota Supreme Court

Decided May 2, 1900PublishedCited by 14 opinions

Appeal from District Court, Cass County; Lauder, J. Action by Alice E. Mahnken against Charles E. Mahnken. Judgment for defendant, and plaintiff appeals. The test of extreme cruelty under our statute where there is no personal physical violence is conduct which inflicts upon the innocent party grievous mental suffering. § 2739 Rev. Codes. Grievous mental suffering is sufficient ground for divorce as extreme cruelty although it does not impair the health.

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Appeal from District Court, Cass County; Lauder, J. Action by Alice E. Mahnken against Charles E. Mahnken. Judgment for defendant, and plaintiff appeals. The test of extreme cruelty under our statute where there is no personal physical violence is conduct which inflicts upon the innocent party grievous mental suffering. § 2739 Rev. Codes. Grievous mental suffering is sufficient ground for divorce as extreme cruelty although it does not impair the health. Barnes v. Barnes, 95 Cal. 171, 30 Pac. Rep. 298; Fleming v. Fleming, 95 Cal. 439, 30 Pac. Rep. 566; Smith v. Smith, 119 Cal. 183, 48 Pac.…

1Opinion of the Court

Bartholomew, C. J.'

Plaintiff brought an. action for divorce against the defendant on the statutory ground of extreme cruelty. The complaint shows that these parties were married on June 28, 1889; that three children have been born of said marriage, the youngest being now three years old. It is alleged that for three years last past the defendant has treated the plaintiff with such extreme cruelty as to cause her to suffer extreme anguish of mind and grievous mental and physical suffering. The complaint specifies specially cruel treament on May x, 1897, and on May 1, 1898, and on November 1,…

2Cases cited4 opinions

  1. Barnes v. BarnesCalifornia Supreme Court · 1892
  2. Carpenter v. CarpenterSupreme Court of Kansas · 1883
  3. Fleming v. FlemingCalifornia Supreme Court · 1892
  4. Smith v. SmithCalifornia Supreme Court · 1897

3Cited by14 opinions

  1. Agrest v. AgrestNorth Dakota Supreme Court · 1947
  2. Rindlaub v. RindlaubNorth Dakota Supreme Court · 1910
  3. Strobel v. StrobelNorth Dakota Supreme Court · 1960
  4. Raszler v. RaszlerNorth Dakota Supreme Court · 1954
  5. De Roche v. De RocheNorth Dakota Supreme Court · 1903

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