Lewis v. Lewis
Supreme Court of Kansas
Error from Wabaunsee District Court. Lewis filed his petition for a divorce, alleging his intermarriage with defendant at Edinburgh, Scotland, in May 1859; that he had resided in Kansas more than a year, and was now a resident of Wabaunsee county; that he had at all times been a faithful and obedient husband; that defendant, disregarding her duties as a wife, had been willfully absent from plaintiff for more than one year last past, without any cause or justification…
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Error from Wabaunsee District Court. Lewis filed his petition for a divorce, alleging his intermarriage with defendant at Edinburgh, Scotland, in May 1859; that he had resided in Kansas more than a year, and was now a resident of Wabaunsee county; that he had at all times been a faithful and obedient husband; that defendant, disregarding her duties as a wife, had been willfully absent from plaintiff for more than one year last past, without any cause or justification therefor. He prayed for a divorce from defendant, and for the custody of a minor son, the issue of said marriage, and for a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The plaintiff, on the 5th of August 1873, filed his petition for divorce against the defendant, in the district court of Wabaunsee county, and at the September Term 1873 of said court obtained a decree of divorce. The service was by publication in the local paper, and by sending a copy of the petition and publication, as provided by § 641 of the civil code. Shortly after this decree, the plaintiff married one Miss Hafer, and by this last marriage had a child born to him. His second wife acted in good faith. His second wife, and the child,…
2Cases cited4 opinions
- Dunn v. DunnNew York Court of Chancery · 1834
- Crouch v. CrouchWisconsin Supreme Court · 1872
- McJunkin v. McJunkinIndiana Supreme Court · 1851
- Weatherbee v. WeatherbeeWisconsin Supreme Court · 1866
3Cited by27 opinions
- McCormick v. McCormickSupreme Court of Kansas · 1910
- Blair v. BlairSupreme Court of Kansas · 1915
- Seal v. BanesSupreme Court of Oklahoma · 1934
- Eaton v. EatonNebraska Supreme Court · 1902
- Wesner v. O'BrienSupreme Court of Kansas · 1896
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