Case Details
- Nature of Suit
- 440 Civil Rights: Other
- Status
- Unknown
- Procedural Posture
- motion to dismiss
- State
- Ohio
- Circuit
- 6th Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
Court denied motions to dismiss and scheduled an evidentiary hearing to resolve a factual dispute regarding whether the Justice Court retained jurisdiction to transfer cases to Family Court.
Similar Rulings
<p>Appeal, No. 191, April T., 1913, by plaintiff, from decree of C. P. Allegheny Co., Oct. T., 1912, dismissing libel for divorce in case of Elmer P. Yost v. Ada A. Yost.</p> <p>Libel for divorce.</p> <p>Brown, J., filed the following opinion:</p> <p>1. The libel filed by libelant against respondent alleges that the said Ada A. Yost hath at divers times since the date of her marriage with your petitioner, had sexual intercourse with divers persons other than your petitioner and hath, at divers times since the time of her said marriage, committed the crime of adultery.</p> <p>2. The answer filed by respondent denies the charge, and avers that libelant has committed adultery both before and since his desertion of respondent.</p> <p>3. Libelant’s bill of particulars alleges the respondent, Ada A. Yost, committed adultery and had sexual intercourse with one, Carlton C. Anthony, commonly known by her as Dr. Anthony, at divers times, particularly beginning on or about April 20, 1912, and continuing once and twice a week for about three months immediately following thereafter, and at divers places, particularly at the respondent’s rooms at No. 501 Collins avenue, city of Pittsburg.</p> <p>And further committed adultery and had sexual intercourse with one. Raimer, or some person having a name of like sounding, and spoken of by the said respondent as “Ernest.” The said respondent, Ada A. Yost, committed adultery with the said Reymer at her rooms as above mentioned, several times a week before and after June 23, 1912, and on said last-mentioned day.</p> <p>And further committed adultery and had sexual intercourse with a person known as Paul Hughes at divers times at the rooms of the respondent as aforesaid, beginning contemporaneous with the time mentioned in connection Avith the said Carlton C. Anthony, that is to say, from April 20, 1912, until about August 1, 1912.</p> <p>And further committed adultery and had sexual intercourse with divers other persons, the time and plac
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