Legal Opinion

Barbaras v. Barbaras

Supreme Court of Minnesota

Decided December 19, 1902No. Nos. 13,124-(114)PublishedCited by 7 opinions

Upon the application and affidavit of plaintiff an order was issued from the district court for Dakota county requiring defendant to show cause why the judgment and decree of divorce entered in the action on February 6, 1892, should not be modified in respect to the amount of alimony and allowances required to be paid to defendant.

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Upon the application and affidavit of plaintiff an order was issued from the district court for Dakota county requiring defendant to show cause why the judgment and decree of divorce entered in the action on February 6, 1892, should not be modified in respect to the amount of alimony and allowances required to be paid to defendant. The matter was heard before Crosby, J., who made an order, in the form of a judgment, modifying the original judgment by substituting in lieu of the annuity therein provided three annual payments of $250 each. Defendant appealed from this judgment.

1Opinion of the CourtLovely, J.

In February, 1856, plaintiff and defendant were married, and lived together until December 28, 1891, when plaintiff commenced suit against defendant for divorce upon the ground of cruel and inhuman treatment. On February 6, 1892, the court granted a divorce, and assigned to defendant, as her permanent alimony, a dwelling house in the city of Hastings^ with the furniture therein, also a life insurance policy previously procured for her benefit upon plaintiff’s life, and further adjudged that defendant be paid out of the plaintiff’s estate the sum of $250 per annum, commencing January 1, 1892,…

2Cases cited4 opinions

  1. Semrow v. SemrowSupreme Court of Minnesota · 1876
  2. Smith v. SmithSupreme Court of Minnesota · 1899
  3. Weld v. WeldSupreme Court of Minnesota · 1881
  4. Minneapolis Trust Co. v. MenageSupreme Court of Minnesota · 1902

3Cited by7 opinions

  1. Ruge v. RugeWashington Supreme Court · 1917
  2. Levine v. LevineOregon Supreme Court · 1920
  3. Kiesow v. KiesowSupreme Court of Minnesota · 1965
  4. Haskell v. HaskellSupreme Court of Minnesota · 1911
  5. Rubenstein v. RubensteinSupreme Court of Minnesota · 1972

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