Danforth v. Danforth
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Suit by Charles F. Danforth against Minnie J. Danforth. From a judgment sustaining a plea of res adjudicata, plaintiff appeals. Actions for divorce were unknown to the common law, and the entire jurisdiction of courts in the United States is purely and wholly statutory in matters of divorce.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Suit by Charles F. Danforth against Minnie J. Danforth. From a judgment sustaining a plea of res adjudicata, plaintiff appeals. Actions for divorce were unknown to the common law, and the entire jurisdiction of courts in the United States is purely and wholly statutory in matters of divorce. The judgment of the lower court should, therefore, be reversed, as the Maine judgment is not a bar to the present action. The Maine judgment was simply one of nonsuit. The case was not decided upon the merits, and the…
1Opinion of the Court
By the Court,
Coleman, J.:
Appellant brought suit for divorce. An answer was filed, pleading a judgment of a court of the State of Maine as res adjudicata, to which a reply was filed, *440admitting that the Maine court had jurisdiction of divorce actions, but denying that a judgment on the merits had been rendered. Upon the trial, and after the evidence in support of the allegations of the complaint had been submitted, a certified copy of the judgment of the court of the State of Maine was offered and received in evidence, over the objection of appellant, in support of the plea of res adjudicata…
2Cases cited21 opinions
- Maynard v. HillSupreme Court of the United States · 1888
- Galpin v. PageSupreme Court of the United States · 1874
- Furgeson v. JonesOregon Supreme Court · 1888
- Sabariego v. MaverickSupreme Court of the United States · 1888
- McGee v. McGeeSupreme Court of Georgia · 1851
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3Cited by3 opinions
- State ex rel. Fowler v. MooreNevada Supreme Court · 1922
- Deal v. Camden Fire Ins. Co.Supreme Court of Alabama · 1935
- Hix v. Womelsdorf Bank & Trust Co., Pennsylvania Court of Common Pleas, Berks County1943