Strode v. Strode
Idaho Supreme Court
APPEAL from District Court, Ada County. Affidavit and order for publication are not part of tbe judgment-roll. (Rev. Stats., see. 4456; McOanley v. Folton, 44 Dal. 355; In re Newman, 75 Cal. 315, 7 Am. St. Rep. 146, 16 ¡Pac. 887; Hahn v. Kelly, 34 Cal. 391, 94 Am. Dec. 743, and iiote; People v. Temple, 103 Cal. 447, 37 Pae. 414.) The affi■davit to obtain service is not a jurisdictional fact. (Dore v. ¡Dougherty, 73 Cal. 333, 1 Am.
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APPEAL from District Court, Ada County. Affidavit and order for publication are not part of tbe judgment-roll. (Rev. Stats., see. 4456; McOanley v. Folton, 44 Dal. 355; In re Newman, 75 Cal. 315, 7 Am. St. Rep. 146, 16 ¡Pac. 887; Hahn v. Kelly, 34 Cal. 391, 94 Am. Dec. 743, and iiote; People v. Temple, 103 Cal. 447, 37 Pae. 414.) The affi■davit to obtain service is not a jurisdictional fact. (Dore v. ¡Dougherty, 73 Cal. 333, 1 Am. St. Rep. 48, 13 Pac. 631; Neio-'combe v. Newcombe, 13 Bush, 594; Thomas v. Mahone, 9 Bush, !135.) It will be presumed that evidence to establish the sufficiency of…
1Opinion of the CourtSullivan, C. J.
— This is an action for divorce on the ground of cruelty. The defendant answered the complaint denying the allegation of cruelty, and by cross-complaint asked that the marriage between himself and the plaintiff be annulled, for the reason that the plaintiff had a husband, from whom she had not been divorced, living at the time of the intermarriage of plaintiff and defendant. The trial court found that the charge of cruelty was not'supported by the evidence, and also found that the allegations of the cross-complaint were true, and entered judgment and decree annulling the marriage as prayed…
2Cases cited7 opinions
- Lewis v. LewisSupreme Court of Kansas · 1875
- O'Rear v. LazarusSupreme Court of Colorado · 1885
- Crouch v. CrouchWisconsin Supreme Court · 1872
- Vermont Loan & Trust Co. v. McGregorIdaho Supreme Court · 1897
- State ex rel. Boyd v. Superior CourtWashington Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- O'Neill v. PotvinIdaho Supreme Court · 1907
- Nixon v. TongrenIdaho Supreme Court · 1920
- Effland v. EfflandSupreme Court of Kansas · 1951
- Dierkes v. DierkesWest Virginia Supreme Court · 1980
- Deeds v. StrodeIdaho Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.