Luthe v. Luthe
Supreme Court of Colorado
Appeal from, Arapahoe County Court. The parties to this action were married in 1869. They lived together as husband and wife for about sixteen years, during which time five children were born to them, four of whom, aged fourteen, seven, six and four years, respectively, were living when this action was commenced and tried. The parties were without means at the time of their marriage, but had acquired considerable property by their joint efforts before they separated.
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Appeal from, Arapahoe County Court. The parties to this action were married in 1869. They lived together as husband and wife for about sixteen years, during which time five children were born to them, four of whom, aged fourteen, seven, six and four years, respectively, were living when this action was commenced and tried. The parties were without means at the time of their marriage, but had acquired considerable property by their joint efforts before they separated. The husband was a lawyer; and the wife, in the earlier part of their married life, had, in addition to her household duties,…
1Opinion of the CourtJustice Elliott
Of thé four children of plaintiff and defendant, three were girls, two of them of very tender age. The plaintiff, after the separation, voluntarily left these children with defendant for about a year and a half before the commencement of this suit. He did not, by his replication, resist the prayer of defendant’s cross-complaint for the custody of the children. On the first trial plaintiff testified as follows: “ She [defendant] is a good nurse to the children. She is devoted to them when they are sick. A better person than she cannot be found to take care of them. I have only this fault to…
2Cases cited2 opinions
- Powell v. PowellIndiana Supreme Court · 1876
- Deenis v. DeenisIllinois Supreme Court · 1875
3Cited by7 opinions
- Pryor v. PryorSupreme Court of Arkansas · 1908
- McAfee v. ReynoldsIndiana Supreme Court · 1891
- Gilpin v. GilpinSupreme Court of Colorado · 1889
- Phinney v. PhinneySupreme Court of Florida · 1919
- Wedderburn v. WedderburnCourt of Appeals for the D.C. Circuit · 1917
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