Powell v. Campbell
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Washoe County. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. The judgment in Powell v. Powell is invalid because the court granted relief in excess of what the pleadings warranted. (Gen. Stat. 495, 496, 3172, 3174.) . II. The pendency of the divorce suit did not of its own force deprive Kichard Powell of the power to dispose of his property.
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Appeal from the District Court of the State of Nevada, Washoe County. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. The judgment in Powell v. Powell is invalid because the court granted relief in excess of what the pleadings warranted. (Gen. Stat. 495, 496, 3172, 3174.) . II. The pendency of the divorce suit did not of its own force deprive Kichard Powell of the power to dispose of his property. The divorce proceedings are special, and the power of the court over the property of the parties must be derived from the statute. The statute must be construed strictly. The…
1Opinion of the Court
By the Court,
Leonard, C. J.:
On the-day of March, 1886, respondent commenced an action in the district court of Washoe county, to obtain a decree of divorce a vinculo against her husband, Richard Powell, on the ground of extreme cruelty. In her complaint she fully and specifically described certain lands whereon was the residence of Powell and wife, and certain personal property, all the sepai-ate property of the said Powell, of the value of about three thousand dollars; which she alleged might, by order of the court, be applied to her support and maintenance, and in aid of the prosecution of…
2Cases cited10 opinions
- Feigley v. FeigleyCourt of Appeals of Maryland · 1855
- Lake v. BenderNevada Supreme Court · 1884
- Maguire v. MaguireCourt of Appeals of Kentucky · 1838
- Barker v. DaytonWisconsin Supreme Court · 1871
- Perkins v. PerkinsMichigan Supreme Court · 1867
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3Cited by11 opinions
- Tremper v. TremperCalifornia Court of Appeal · 1918
- Wilkinson v. ElliottSupreme Court of Kansas · 1890
- Warne v. WarneSouth Dakota Supreme Court · 1916
- Lewis v. LewisNevada Supreme Court · 1955
- Greinstein v. GreinsteinNevada Supreme Court · 1920
6 more not listed; retrieve them via the Exa API.