Legal Opinion

Walker v. Walker

Nevada Supreme Court

Decided October 15, 1917No. 2265PublishedCited by 6 opinions

Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Suit by Augusta Elizabeth Walker against Chandler Merrill Walker for divorce. From a judgment for plaintiff after motions to strike the answer and a general demurrer thereto were sustained, defendant appeals.

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Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Suit by Augusta Elizabeth Walker against Chandler Merrill Walker for divorce. From a judgment for plaintiff after motions to strike the answer and a general demurrer thereto were sustained, defendant appeals. The relief asked by the appellant is based upon the first sentence of the statute (Rev. Laws, 5841), which has never been qualified by subsequent legislation or decision, and is not out of harmony nor inconsistent with any other portions of the statutes. To be litigated, property rights must be pleaded.…

1Opinion of the Court

By the Court,

Sanders, J.:

Augusta Elizabeth Walker brought her suit in the District Court of the Second Judicial District of the State of Nevada, in and for the County of Washoe, against her husband, Chandler Merrill Walker, for a divorce on the ground of extreme cruelty. Her complaint, after charging the defendant with numerous cruelties, indignities, and gross misconduct, alleges:

"That there has been no issue of said marriage, and there is no community property; that the plaintiff has independent means sufficient for her own support, and does not desire any alimony from the defendant.”

The…

2Cases cited2 opinions

  1. Lake v. BenderNevada Supreme Court · 1884
  2. Wuest v. WuestNevada Supreme Court · 1882

3Cited by6 opinions

  1. Morrow v. MorrowCalifornia Court of Appeal · 1940
  2. Caldwell v. CaldwellSouth Dakota Supreme Court · 1931
  3. Buaas v. BuaasNevada Supreme Court · 1944
  4. Southward v. FoyNevada Supreme Court · 1948
  5. Herzog v. HerzogNevada Supreme Court · 1952

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