Belknap v. Stewart
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. Tbe findings and decree in the divorce suit were conclusive evidence of cruelty of the husband, and competent evidence that the wife had just cause to leave her husband’s house and board and lodge with plaintiff.
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Error from the district court of Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. Tbe findings and decree in the divorce suit were conclusive evidence of cruelty of the husband, and competent evidence that the wife had just cause to leave her husband’s house and board and lodge with plaintiff. The divorce suit was a proceeding in rem, and the findings and decree therein are binding and conclusive . upon strangers and third persons as well as upon parties to the suit. (1 Green-leaf, Evidence, secs. 525, 543; Freeman, Judgments, sec. 610; 2 Smith’s Leading…
1Opinion of the Court
Ragan, C.
Belknap sued Stewart in the district court of Lancaster county, alleging in his petition “That on the 17th day of September, 1889, Anna R. Stewart, wife of the defendant, commenced boarding and lodging at plaintiff’s house, and continued to board and lodge with plaintiff until the 31st day of December 1889; that said defendant caused the said Anna R. Stewart, his wife, to leave the home of the defendant, and that she was obliged to leave, said defendant’s home on or about said 17th day of September; that the defendant agreed to pay for said board and lodging what the same was…
2Cases cited1 opinion
- Schnuckle v. BiermanIllinois Supreme Court · 1878
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- De Beque v. LigonCourt of Appeals of Texas · 1926