Legal Opinion

Day v. Nottingham

Indiana Supreme Court

Decided April 9, 1903No. 19,493PublishedCited by 5 opinions

Erom Superior Court of Tippecanoe County; J. M. Babb, Special Judge. Suit by Thomas Day against Thomas C. Nottingham and Thomas C. Nottingham, administrator of the estate of Julia Nottingham, deceased, and another, to set aside a decree for divorce. Erom a decree for defendants, plaintiff appeals. Transferred from Appellate Court, under §1387u Burns 1901.

1Opinion of the CourtJordan, J.

On January 28, 1899, this proceeding was instituted by appellant Thomas Day to have a decree of divorce granted to his wife, Julia Day, set aside and vacated. Under his complaint he sought to have the case as originally entitled, Julia Day v. Thomas Day, redocketed imthe lower court, and one Thomas O. Nottingham, in his own proper person, together with Thomas C. Nottinghám and Mortimer Levering, administrators of the estate of Julia Nottingham, formerly Julia Day, made parties to his said action.

The complaint is in four paragraphs. The first and second are based on §6 of our divorce statute,…

2Cases cited13 opinions

  1. Earle v. EarleIndiana Supreme Court · 1883
  2. Kirschner v. DietrichCalifornia Supreme Court · 1895
  3. Zoellner v. ZoellnerMichigan Supreme Court · 1881
  4. Brown v. GroveIndiana Supreme Court · 1888
  5. Dowell v. LahrIndiana Supreme Court · 1884

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3Cited by5 opinions

  1. Dennis v. HarrisSupreme Court of Iowa · 1915
  2. Beavers v. BessIndiana Court of Appeals · 1915
  3. Dallas v. LusterNorth Dakota Supreme Court · 1914
  4. Planas v. ChambersSupreme Court of Puerto Rico · 1941
  5. Planas v. ChambersSupreme Court of Puerto Rico · 1941

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