Legal Opinion

Wilhite v. Wilhite

Supreme Court of Kansas

Decided January 15, 1889PublishedCited by 14 opinions

Error from Osborne District Court. Action by Mary A. Wilhite against E. K. Wilhite, to recover $3,000 as alimony for her support, and the further sum of $200 as suit-money.

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Error from Osborne District Court. Action by Mary A. Wilhite against E. K. Wilhite, to recover $3,000 as alimony for her support, and the further sum of $200 as suit-money. At the June term, 1887, the cause was tried upon the following agreed statement of facts: “ It is mutually agreed by the .parties hereto that there was a ceremony of marriage performed between the parties to this action at Baker City, Oregon, on the 2d day of February, 1884, and that said marriage was legal in all respects, unless the same was void by reason hereinafter stated, and that the plaintiff and defendant lived…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The right of the plaintiff to alimony depends upon the validity of the marriage, the ceremony of which was performed between the parties to this action at Baker City, in Oregon, on February 2, 1884. This was the only question passed upon by the district court, and is the only one that we need to consider. The marriage ceremony performed between the parties appears to have been regular in form, and legal, unless the same was prohibited by the laws of Oregon, under which the validity of-the marriage must be determined. It seems that the…

2Cited by14 opinions

  1. State v. YoderSupreme Court of Minnesota · 1911
  2. Eaton v. EatonNebraska Supreme Court · 1902
  3. McLennan v. McLennanOregon Supreme Court · 1897
  4. Thomas v. MurphyCourt of Appeals for the D.C. Circuit · 1939
  5. Smith v. FifeWashington Supreme Court · 1892

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