Legal Opinion
Mertes v. Mertes
District Court, D. Delaware
Decided November 2, 1972No. Civ. A. 4438PublishedCited by 19 opinions
1Opinion of the Court
OPINION AND ORDER
LATCHUM, District Judge.
This civil action is before the Court on the defendants’ motion to dismiss the plaintiff’s challenge to the constitutionality of a Delaware statute providing for division of property upon divorce. The reason asserted for dismissal is that the complaint fails to state a claim upon which relief can be granted in that the action is barred by the doctrine of res judicata. 1
The events leading to this litigation may be summarized as follows: On Oc tober 30, 1971, the defendant Victorine S. Mertes (“Victorine”), was granted a Final Decree of Divorce from the…
2Cases cited15 opinions
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Mitchum v. FosterSupreme Court of the United States · 1972
- McNeese v. Board of Education for Community Unit School District 187 CahokiaSupreme Court of the United States · 1963
- Angel v. BullingtonSupreme Court of the United States · 1947
- Bruszewski v. United StatesCourt of Appeals for the Third Circuit · 1950
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Samuel T. Roy, Justice of the Peace v. Benjamin R. Jones, Chief Justice of the Supreme Court of PennsylvaniaCourt of Appeals for the Third Circuit · 1973
- Arthur F. Turco, Jr. v. The Monroe County Bar AssociationCourt of Appeals for the Second Circuit · 1977
- Crane v. Commissioner of Department of Agriculture, Food & Rural ResourcesDistrict Court, D. Maine · 1985
- Mashpee Tribe v. James G. WattCourt of Appeals for the First Circuit · 1983
- County of Lancaster v. Philadelphia Electric Co.District Court, E.D. Pennsylvania · 1975
14 more not listed; retrieve them via the Exa API.