Nickerson v. Nickerson
Oregon Supreme Court
From Linn : Henry H. Hewitt, Judge. Suit by Elizabeth M. Nickerson against Hugh Nickerson for a divorce on the ground of cruelty, in which she had a decree. Defendant appealed and died, whereupon there was a motion to dismiss the appeal, which was denied and the cause finally reversed.
1Opinion of the Court 1
ON MOTION TO DISMISS THE APPEAL.
2Opinion of the Court · WolvertonJustice Wolverton
1. The plaintiff, on January 27, 1896, obtained a decree of divorce against the defendant, and thereby the title to an undivided third of defendant’s real property. The defendant sought a divorce, also, by cross bill, which ivas dismissed. After an appeal had been perfected the defendant'died, and both parties, by their respective attorneys, upon suggesting his death, filed motions to dismiss the appeal, but for very different purposes. Counsel for defendant claims that his death abates the suit, and that this Court should dismiss the appeal, with directions to…
3Cases cited8 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Kirschner v. DietrichCalifornia Supreme Court · 1895
- Day v. HollandOregon Supreme Court · 1887
- Barney v. BarneySupreme Court of Iowa · 1862
- Wilson v. WilsonMichigan Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
4Cited by21 opinions
- Wood v. WoodSupreme Court of Iowa · 1907
- Cox v. DoddSupreme Court of Alabama · 1941
- Strickland v. StricklandSupreme Court of Arkansas · 1906
- Tot v. GongOregon Supreme Court · 1918
- Price v. PriceSupreme Court of Florida · 1934
16 more not listed; retrieve them via the Exa API.