Legal Opinion

Gibbs v. Gibbs

Supreme Court of Kansas

Decided July 15, 1877PublishedCited by 16 opinions

Error from Wyandotte District Court. Action for divorce, brought by Annie L. Gibbs. Trial, and judgment, at September Term 1874 of the district court.

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Error from Wyandotte District Court. Action for divorce, brought by Annie L. Gibbs. Trial, and judgment, at September Term 1874 of the district court. The findings and judgment are as follows: {Title.) * * * “The court doth find, from the plaintiff’s petition, and from the evidence adduced, that said defendant John Gibbs and said plaintiff were duly married on the 3d of April 1871, as in said plaintiff’s petition averred, and that said plaintiff is now, and has been for more than one year preceding the filing of her petition herein, a bona fide resident of the county of Wyandotte, and state…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The error complained of in this case is, that the proofs do not sustain the finding of the district court. The writer of this opinion believes that the marriage contract is one which should be sundered only for causes that *421render its longer continuance destructive of social order, and never for reasons that merely make it an inconvenience to one of the parties. He agrees with the counsel for the plaintiff in error, that “marriage is a contract of so sacred a nature, so vital to our enlightened society, that parties once having entered…

2Cases cited5 opinions

  1. Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
  2. Hobson v. Ogden's ExecutorsSupreme Court of Kansas · 1876
  3. Ulrich v. UlrichSupreme Court of Kansas · 1871
  4. Carson v. KerrSupreme Court of Kansas · 1871
  5. Hyde v. BledsoeSupreme Court of Kansas · 1872

3Cited by16 opinions

  1. Carpenter v. CarpenterSupreme Court of Kansas · 1883
  2. McCann v. McCannSupreme Court of Oklahoma · 1909
  3. Wilkinson v. WilkinsonSupreme Court of Georgia · 1924
  4. Hildebrand v. HildebrandSupreme Court of Oklahoma · 1913
  5. Winstead v. StandefordSupreme Court of Arkansas · 1878

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