Legal Opinion

Wagoner v. Wagoner

Court of Appeals of Maryland

Decided November 17, 1892PublishedCited by 12 opinions

Appeal from the Circuit Court for Carroll County, in Equity. The appeal in this case was taken from a pro forma decree of the Court helow, (Roberts, J.) overruling the demurrer of the plaintiff to the defendant’s pleas, and sustaining said pleas. The case is stated in the opinion of this Court.

1Opinion of the CourtFowler, J.

Rebecca Wagoner, the appellant, filed a bill in the Circuit Court for Carroll County, alleging that her husband, the appellee in this case, had been guilty of adultery prior to the year 1878, and during other specified years as late as 1882, and praying for a divorce a vinculo. To the bill the appellee pleaded res adjudicata, to which plea the complainant demurred.

And the question presented by the demurrer is whether the suit so pleaded is a complete bar to the present proceedings.

The Court below overruled the demurrer and ruled the plea to be good.

There is another question, however, which,…

2Cited by12 opinions

  1. Alvey v. AlveyCourt of Appeals of Maryland · 1961
  2. People ex rel. Healy v. CaseIllinois Supreme Court · 1909
  3. Riley v. First National BankCourt of Appeals of Maryland · 1895
  4. Davis v. Frederick County Board of CommissionersCourt of Special Appeals of Maryland · 1975
  5. Offutt v. JonesCourt of Appeals of Maryland · 1909

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