Applegate v. Applegate, 15420.

• Decision Date: 15 December 1937
• Docket Number: No. 15420.,15420.
• Citation: 104 Ind.App. 599,11 N.E.2d 515
• Parties: APPLEGATE v. APPLEGATE.
• Court: Indiana Appellate Court

104 Ind.App. 599

11 N.E.2d 515

APPLEGATE

v.APPLEGATE.

No. 15420.

Appellate Court of Indiana, in Banc.

December 15, 1937.

Appeal from Decatur Circuit Court; John W. Craig, Judge.

Action by Laura M. Applegate against Fred M. Applegate. From the judgment, plaintiff appeals.

Affirmed.John E. Osborn, Ira B. Hamilton, and John M. Wood, all of Greensburg, for appellant.

Walter G. Todd, of Indianapolis, for appellee.

LAYMON, Chief Judge.

This is an appeal from a judgment of the Decatur circuit court denying appellant an absolute divorce from the appellee. The issues consisted of a complaint in one paragraph, to which appellee filed an answer in two paragraphs; the first in general denial, and the second alleging, in substance, that on the 19th day of February, 1929, the appellee secured a decree of divorce from appellant in the state of Nevada at Reno; that said divorce decree was final and was never appealed from or set aside, and is in full force and effect; that by reason of such decree appellant has no cause of action for divorce against appellee. To the second paragraph of answer appellant filed a reply in general denial. The cause was tried on these issues, resulting in a finding and judgment for appellee. Within due time the appellant filed a motion for a new trial, alleging as causes therefor that the finding of the court is not sustained by sufficient evidence; that it is contrary to law; and that the court erred in the admission of certain evidence.

Appellant asserts in her brief: “The only question involved in this case is whether or not the defendant [appellee] was entitled to introduce evidence purporting to show former adjudication under his second paragraph of answer.”

The evidence admitted and complained of consisted of a duly authenticated transcript of the judgment and decree of the district court of the Second judicial district of the state of Nevada, in and for the county of Washoe, entered by said court on the 19th day of February, 1929. This transcript was identified as Appellee's Exhibit A. Appellant complains of error of the trial court in the admission in evidence of this exhibit upon the grounds that appellee's second paragraph of answer did not allege that the court in the state of Nevada was a court of competent jurisdiction; that the decree in said court was rendered upon the merits; or that said court had jurisdiction of the subject-matter and of the parties. Appellant further complains of the admission of the exhibit in evidence upon the ground that the transcript of the decree did not disclose any pleadings having been filed in said court.

[1] Appellant does not question the authenticity of the exhibit, nor the fact that it shows an entry of a judgment and decree given by the district court of the Second judicial district of the state of Nevada, in and for the county of Washoe, awarding appellee an absolute divorce from appellant. Under such circumstances, the exhibit was proper to be...