Legal Opinion

Foster v. Foster

Indiana Court of Appeals

Decided March 7, 1923No. 11,528PublishedCited by 3 opinions

From Marion Superior Court (A13,973) ; Theophilus J. Moll, Judge. Action by Earl Foster against Bertha Foster. From a judgment for defendant, the plaintiff appeals.

1Opinion of the CourtEnloe, J.

This was an action by the appellant against the appellee for divorce. There was no appearance by the appellee and she was defaulted. The prosecuting attorney, as was his duty, appeared in the case and resisted the granting of the decree. There was a trial, and, after hearing the evidence offered by and on behalf of the appellant, a divorce was denied. Appellant’s motion for a new trial was overruled and this action of the court is assigned as error.

No brief on behalf of the appellee has been filed in this court, but, as has been many times said, the state has ail interest in these matters on…

2Cases cited11 opinions

  1. Lohmuller v. LohmullerCourt of Appeals of Texas · 1911
  2. Doyle v. DoyleSupreme Court of Missouri · 1858
  3. Stewart v. StewartSupreme Judicial Court of Maine · 1887
  4. Cowles v. CowlesMassachusetts Supreme Judicial Court · 1873
  5. Wills v. WillsWest Virginia Supreme Court · 1914

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3Cited by3 opinions

  1. Waid v. WaidIndiana Court of Appeals · 1946
  2. X. v. X.Superior Court of Delaware · 1946
  3. Thompson v. ThompsonIndiana Court of Appeals · 1973

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