Legal Opinion

Duxstad v. Duxstad

Wyoming Supreme Court

Decided March 10, 1909PublishedCited by 20 opinions

Error to the District Court, Laramie County; Hon. Roderick N. Matson, Judge. Action for divorce brought by Anna Duxstad against Louis Duxstad. The action was dismissed by the district court on the ground that the plaintiff had not resided in this state for one year immediately preceding the filing of her petition. The other material facts are stated in the opinion.

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Error to the District Court, Laramie County; Hon. Roderick N. Matson, Judge. Action for divorce brought by Anna Duxstad against Louis Duxstad. The action was dismissed by the district court on the ground that the plaintiff had not resided in this state for one year immediately preceding the filing of her petition. The other material facts are stated in the opinion. The defendant was bound by his admission in his answer as to the residence of the plaintiff and was improperly permitted on the trial, at the close of plaintiff’s evidence, to file an amendment to the answer denying that plaintiff…

1Opinion of the Court

Beard, Justice.

This is an action for divorce, brought by the plaintiff in error against the defendant in error, in the district court of Laramie County. The alleged grounds for such divorce being extreme cruelty; and such indignities offered by the defendant to plaintiff as to render her condition intolerable. The petition was dismissed by the district court on the ground that the plaintiff had not resided in this state for one year immediately preceding the filing of her petition, and that, therefore, the court was without jurisdiction. The correctness of that decision is the only question…

2Cases cited4 opinions

  1. Haymond v. HaymondTexas Supreme Court · 1889
  2. Boreing v. BoreingCourt of Appeals of Kentucky · 1903
  3. Ensign v. EnsignNew York Supreme Court · 1907
  4. Waltz v. WaltzIndiana Supreme Court · 1862

3Cited by20 opinions

  1. Harris v. HarrisSupreme Court of Iowa · 1927
  2. Lafko v. LafkoSupreme Court of Vermont · 1969
  3. Burke v. BurkeSupreme Court of Oklahoma · 1926
  4. Black v. De BlackWyoming Supreme Court · 2000
  5. Snow v. DuxstadWyoming Supreme Court · 1915

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