Vickers v. Vickers
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Divorce suit by Robert E. Vickers against Victoria T. Vickers. From a judgment for defendant, plaintiff appeals. It was erroneous to grant the motion for judgment on the pleadings. The j udgment should be vacated. Under the pleadings, res judicata is no defense to the action. Judgment on the pleadings cannot be granted when they raise an issue to be tried, or which requires any evidence.
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Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Divorce suit by Robert E. Vickers against Victoria T. Vickers. From a judgment for defendant, plaintiff appeals. It was erroneous to grant the motion for judgment on the pleadings. The j udgment should be vacated. Under the pleadings, res judicata is no defense to the action. Judgment on the pleadings cannot be granted when they raise an issue to be tried, or which requires any evidence. Phoenix v. Bijelich, 30 Nev. 269; Walling v. Brown, 72 Pac. 960; Idaho Placer M. Co. v. Green, 96 Pac. 161; 11 Ency. PI. &…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an action to obtain an absolute divorce. The complaint charges the defendant with cruelty. The answer denies the acts of cruelty alleged, and sets up in bar a plea of res ad judicata. To this plea plaintiff (Dr. Vickers) filed a reply in which it is admitted that in a suit for separate maintenance brought by this defendant in the circuit court of Cabell County, W. Va., this plaintiff appeared and pleaded, setting up in his answer, among other things, the same facts contained in his complaint in the present action. The reply admits that said separate…
2Cases cited8 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Oklahoma v. TextasSupreme Court of the United States · 1921
- Harding v. HardingSupreme Court of the United States · 1905
- Givens v. ZerbstSupreme Court of the United States · 1921
- Kittle v. KittleWest Virginia Supreme Court · 1920
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3Cited by16 opinions
- Clark v. ClarkNevada Supreme Court · 1964
- Silverman v. SilvermanNevada Supreme Court · 1930
- Reno Club, Inc. v. HarrahNevada Supreme Court · 1953
- Vickers v. VickersWest Virginia Supreme Court · 1924
- Miller v. MillerNevada Supreme Court · 1931
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