Legal Opinion

Roby v. Roby

Idaho Supreme Court

Decided June 7, 1904PublishedCited by 35 opinions

APPEAL from District Court- of the Second Judicial District in and for the County of Nez Perce. Honorable Edgar C., Steele, Judge. From a judgment denying and refusing a decree of divorce plaintiff appeals. The facts are stated in the opinion.

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APPEAL from District Court- of the Second Judicial District in and for the County of Nez Perce. Honorable Edgar C., Steele, Judge. From a judgment denying and refusing a decree of divorce plaintiff appeals. The facts are stated in the opinion. Upon the question of willful neglect and desertion we respectfully refer to the following authorities: Boy craft v. Boy-craft, 42 Cal. 444; Washburn v. Washburn, 9 Cal. 476; Gill v. Gill, 93 Md. 652, 49 Atl. 557; Bergemier v. Bergemier, 17 App. D. C. 481; Howard v. Howard, 134 Cal. 346, 66 Pae. 367; Carey v. Carey, 73 Cal. 630, 15 Pac. 313; Vossburg v.…

1Opinion of the Court

AILSHIE, J. —

This action was commenced in December, 1902, by the plaintiff praying a decree of divorce on two causesi of action. The first cause of action charged willful neglect by the defendant to provide plaintiff with common necessaries of life for a period of more than one year immediately preceding *142the commencement of the action, and the second canse was on. the grounds of willful desertion. The defendant answered denying the charges, and by way of separate defense set up what, was apparently intended as a plea of former adjudication. The-case was referred to a referee who took the…

2Cases cited5 opinions

  1. Hagle v. HagleCalifornia Supreme Court · 1888
  2. Hardenbergh v. HardenberghCalifornia Supreme Court · 1860
  3. Beck v. BeckSupreme Court of Pennsylvania · 1894
  4. Page v. PageMichigan Supreme Court · 1883
  5. Schuman v. SchumanMissouri Court of Appeals · 1902

3Cited by35 opinions

  1. Avondale on Hayden, Inc. v. HallIdaho Court of Appeals · 1983
  2. Van Camp v. EmeryIdaho Supreme Court · 1907
  3. Phipps v. Boise Street Car Co.Idaho Supreme Court · 1940
  4. Spofford v. SpoffordIdaho Supreme Court · 1910
  5. Village of Sandpoint v. DoyleIdaho Supreme Court · 1908

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