Ulrich v. Ulrich
Supreme Court of Kansas
Error from, Lemem/oorth District Oov/rt. The plaintiff filed her petition on the 23d of February, 1871, praying for a divorce from the defendant on the ground of extreme cruelty. The defendant filed his answer, or cross bill, setting up in substance, First, general denial; Second, adultery; Third, habitual drunkenness; and Fourth, gross neglect of duty. The plaintiff filed a reply, denying all the allegations of the answer.
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Error from, Lemem/oorth District Oov/rt. The plaintiff filed her petition on the 23d of February, 1871, praying for a divorce from the defendant on the ground of extreme cruelty. The defendant filed his answer, or cross bill, setting up in substance, First, general denial; Second, adultery; Third, habitual drunkenness; and Fourth, gross neglect of duty. The plaintiff filed a reply, denying all the allegations of the answer. The cause was tried at the May Term, 1871. Four witnesses were sworn for plaintiff whose testimony is in the bill of exceptions, and is as follows: Ohristima Ulrich; I am…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, O. J.:
This is a proceeding to reverse a judgment of the Leavenworth district court refusing to grant a divorce to the plaintiff in error. Has this court jurisdiction of the *408case? Although, this question was not presented in the argument, (there having been no appearance for defendant in error,) it has been too often suggested not to challenge attention. That the present code confers the jurisdiction on this court to review divorce cases in the same manner as other cases, is not questioned. The doubt arises from the provisions of the…
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