Legal Opinion

Wilde v. Wilde

Nebraska Supreme Court

Decided October 17, 1893No. 5130PublishedCited by 23 opinions

Appeal from the district court of Custer county. Heard below before Hamer, J. The facts are stated in the opinion. A contract of separation between husband and wife is legal and should be enforced. (Galusha v. Galusha, 116 N. Y., 635; Randall v. Randall, 37 Mich., 563; Desbrough v. JDesbrough, 29 Hun [N. Y.], 592; Carpenter v. Osburn, 102 N. Y., 552; Dillinger’s Appeal, 35 Pa.

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Appeal from the district court of Custer county. Heard below before Hamer, J. The facts are stated in the opinion. A contract of separation between husband and wife is legal and should be enforced. (Galusha v. Galusha, 116 N. Y., 635; Randall v. Randall, 37 Mich., 563; Desbrough v. JDesbrough, 29 Hun [N. Y.], 592; Carpenter v. Osburn, 102 N. Y., 552; Dillinger’s Appeal, 35 Pa. St., 357; Hutchins v. Dixon, 11 Md., 29-40; Jones v. Clifton, 101 U. S., 225; Squires v. Squires, 53 Yt., 208.) Had the terms of the second contract been included in the first, the entire contract should not for that…

1Opinion of the CourtPost, J.

This is an appeal from a decree of the district court of Custer county awarding to the defendant, appellee, a divorce and alimony. As the controversy in this court is confined to the question of alimony it is unnecessary to examine the petition, answer, or cross-bill. From the reply it appears that some nine months prior to the commencement! of the action the parties entered into a written agreemebt as follows:

“Articles of agreement, made and entered into this 16tj^ day of June, 1890, by and between G. W. Wilde, of Broken Bow, Nebraska, party of the first part, and Susan P. Wilde, party of…

2Cases cited3 opinions

  1. Wight v. RindshopfWisconsin Supreme Court · 1877
  2. Hamilton v. HamiltonIllinois Supreme Court · 1878
  3. Muckenburg v. HollerIndiana Supreme Court · 1867

3Cited by23 opinions

  1. Reed v. JohnsonWashington Supreme Court · 1901
  2. Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
  3. McCurry v. GibsonSupreme Court of Alabama · 1895
  4. Baird v. HowisonSupreme Court of Alabama · 1908
  5. Roten v. TesdellSupreme Court of Iowa · 1923

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