Clark v. Clark
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action for divorce by Phoebe Boswell Clark against Allen L. Clark. Decree for plaintiff, and defendant appeals. Nothing short of an actual marriage, as distinguished from the mere presumption which arises from cohabitation and repute following the removal of an impediment, would suffice to support this action. Under the pleadings, no such contract could properly be proved.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action for divorce by Phoebe Boswell Clark against Allen L. Clark. Decree for plaintiff, and defendant appeals. Nothing short of an actual marriage, as distinguished from the mere presumption which arises from cohabitation and repute following the removal of an impediment, would suffice to support this action. Under the pleadings, no such contract could properly be proved. Before plaintiff can rely upon an actual contract of marriage per verba de prsesenti, she must amend her pleadings and allege the time and…
1Opinion of the Court
By the Court,
Sanders, J.:
This is an action for divorce on the ground of adultery, brought by Phoebe Boswell Clark against Allen L. Clark in the district court of Washoe County, commenced on the 26th day of December, 1917, and ending in a decree in her favor on the 30th day of September, 1919. The cause was tried before the court without a jury. The defendant appeals to this court from an order denying his motion for a new trial and from the judgment.
The facts are stated in the pleadings. The complainant alleges that plaintiff and defendant intermarried on or about the 6th day of August, 1892,…
2Cases cited9 opinions
- Eaton v. EatonNebraska Supreme Court · 1902
- Power v. FairbanksCalifornia Supreme Court · 1905
- Chamberlain v. ChamberlainSupreme Court of New Jersey · 1905
- McKibbin v. McKibbinCalifornia Supreme Court · 1903
- Parker v. De BernardiNevada Supreme Court · 1917
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3Cited by18 opinions
- Villalon v. BowenNevada Supreme Court · 1954
- Peirce v. PeirceIllinois Supreme Court · 1942
- Thomey v. ThomeyIdaho Supreme Court · 1947
- Hess v. PettigrewMichigan Supreme Court · 1933
- Dahlquist v. Nevada Industrial CommissionNevada Supreme Court · 1922
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