Fullen v. Fullen
New Mexico Supreme Court
Appeal from District Court, Chaves County; McC.Iure, Judge. Suit by Louis O. Fullen against Dorothy. B. Fullen. From decree for plaintiff, defendant brings error. No notice of the decree was given to the attorneys, and it is therefore void. Sub-sec. 136, sec. 2685, C. L. 1897. Statute requires that when notice of motion is. necessary it must be served five days before time appointed for hearing.
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Appeal from District Court, Chaves County; McC.Iure, Judge. Suit by Louis O. Fullen against Dorothy. B. Fullen. From decree for plaintiff, defendant brings error. No notice of the decree was given to the attorneys, and it is therefore void. Sub-sec. 136, sec. 2685, C. L. 1897. Statute requires that when notice of motion is. necessary it must be served five days before time appointed for hearing. Sub-see. 98, sec. 2685, C. L. 1897. Because of the impossibility of proving adultery by direct evidence, it may be proved by circumstantial evidence. 1 Enc. of Ev. 628 and cases. If the recriminatory…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This is a suit for divorce, partition of community property, the establishment of rights to separate property, and for the custody of minor children, in which defendant in error was plaintiff, and plaintiff in error was defendant. On July 1, 1912, an amended complaint was filed, charging cruel and inhuman treatment of plaintiff by defendant; alleging the adoption of a female child by plaintiff and defendant, and as the issue of the marriage the birth of a male child, who was then living; alleging the ownership of separate property by each spouse at the time of…
2Cases cited22 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
- Hy-Yu-Tse-Mil-Kin v. SmithSupreme Court of the United States · 1904
- Spencer v. SpencerSupreme Court of Minnesota · 1906
- Goldenberg v. LawNew Mexico Supreme Court · 1913
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3Cited by69 opinions
- State v. GomezNew Mexico Supreme Court · 1997
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Garcia on Behalf of Garcia v. La FargeNew Mexico Supreme Court · 1995
- Spingola v. SpingolaNew Mexico Supreme Court · 1978
- Campbell v. CampbellNew Mexico Supreme Court · 1957
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