Johnson v. Johnson
Supreme Court of Colorado
Error to the District Court of El Paso County. Action for a divorce and alimony. The complaint in this case, which was filed by appellee, Mary E. Johnson, in the month of November, 1890, alleges, inter alia, the marriage of plaintiff and defendant in the state of Indiana in 1862. The complaint, aside from some general allegations, sets up two grounds for a divorce: First, the desertion of the plaintiff by the defendant on the 80th day of April, 1889. It is averred that said…
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Error to the District Court of El Paso County. Action for a divorce and alimony. The complaint in this case, which was filed by appellee, Mary E. Johnson, in the month of November, 1890, alleges, inter alia, the marriage of plaintiff and defendant in the state of Indiana in 1862. The complaint, aside from some general allegations, sets up two grounds for a divorce: First, the desertion of the plaintiff by the defendant on the 80th day of April, 1889. It is averred that said desertion was without reasonable cause or justifiable excuse, and that it has continued from the last mentioned date to…
1Opinion of the CourtChief Justice Hayt
There are sixteen assignments of error in the record. About one half of this number refer to rulings of the trial court upon the charge of nonsupport contained in the complaint.
The statute in force at the time this ease was tried provides that the marriage relation may be dissolved for the following, among other causes: Desertion, nonsupport. In this case the jury resolved the issues made by the pleadings upon each of the above grounds in favor of the plaintiff.. Desertion being established, unless overthrown, the judg-; ment of divorce must stand, and therefore a consideration of the charge…
2Cases cited3 opinions
- Wightman v. WightmanIllinois Supreme Court · 1867
- Sapp v. WightmanIllinois Supreme Court · 1882
- Stein v. SteinSupreme Court of Colorado · 1879
3Cited by6 opinions
- Young v. Colorado National Bank of DenverSupreme Court of Colorado · 1961
- Kupka v. KupkaSupreme Court of Iowa · 1906
- Schrader v. SchraderSupreme Court of Colorado · 1965
- Ault v. AultSupreme Court of Colorado · 1901
- Thum v. ThumSupreme Court of Colorado · 1939
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