Legal Opinion

Johnston v. Johnston

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 10 opinions

Appeal from 8hawnee District Court. On the 15th of March, 1894, Eva L. Johnston commenced her action against the defendant, William L. Johnston, and alleged, among other things, that “The parties to this action are husband and wife; that they were married at Diamondville, in the state of Pennsylvania, on July 2, 1890; that the plaintiff at the present time is a resident of Shawnee county, Kansas; that she has resided in said county and state for more than one year last past;…

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Appeal from 8hawnee District Court. On the 15th of March, 1894, Eva L. Johnston commenced her action against the defendant, William L. Johnston, and alleged, among other things, that “The parties to this action are husband and wife; that they were married at Diamondville, in the state of Pennsylvania, on July 2, 1890; that the plaintiff at the present time is a resident of Shawnee county, Kansas; that she has resided in said county and state for more than one year last past; and plaintiff further says, that from the time of her marriage to the defendant she has at all times treated him in an…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action brought by Eva L. Johnston against William L. Johnston for divorce and alimony. When the case was called for trial, on application of the plaintiff, the action, so far as it sought a divorce from the defendant, was continued for trial, and the case for divorce is still pending, upon the petition and answer; but the court proceeded, in the absence of the defendant, to hear the case for alimony only, and rendered judgment against the defendant and in favor of the plaintiff for $3,000, with costs taxed at $18.05, and…

2Cases cited4 opinions

  1. Jenness v. CutlerSupreme Court of Kansas · 1874
  2. Kœhler v. BallSupreme Court of Kansas · 1863
  3. Birdzell v. Birdzell ex rel. TuckerSupreme Court of Kansas · 1885
  4. Damon v. DamonWisconsin Supreme Court · 1871

3Cited by10 opinions

  1. Davis v. DavisSupreme Court of Oklahoma · 1916
  2. Johnson v. JohnsonSupreme Court of Kansas · 1896
  3. Putnam v. PutnamSupreme Court of Kansas · 1919
  4. Privett v. PrivettSupreme Court of Oklahoma · 1923
  5. Kremer v. KremerSupreme Court of Kansas · 1907

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