Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-04-30
GRANTS COMMON
LAW DIVORCE
Is First Case of Kind Recorded in
Idaho Courts

The ease OF Kate Miehener W.
Clarence Kitchener was heard yester-
day in the district court by Judge
w, w. Woods. and q decree OF d.
vorce a mensa ct thOro was granted
the plaintiff.
A decree OF divorce a mensa ct
thoro when translated into English
means a decree OF divorce from bed
and board. and Is a product entirely
OF the common law OF England. The
decree is unique In that Il is the first
OF It's kind that has ever been granted
by n court OF law In the state OF
Idaho. One or two similar DEGREES
have been granted by the early courts
OF California. but the supreme court
OF this state has never ruled upon
the question. and II has never before.
SO far as known. been considered BY
district court In the state.
A decree OF divorce a mensa ct
thoro has It's origin in the law
prevailing at the time that the
ecclesiastical courts OF England
had the sole Jurisdiction OF the
dissolution OF marriages and the
granting OF DEGREES IN divorce cases.
Under the terms OF such a decree the
parties are separated and no longer
live aud cohabit together as husband
and wife. but they are not free TO
again contract new bonds OF matri-
mony. They may at any time settle
the differences existing between them
and effect reconciliation, and when
they do so the decree ceases to be
OF any further effect or force In law
but until such complete reconcilia-
ton Is effected between them. for
either to attempt to assume the mar
rage relation without the others
consent. or to disturb the properly
or the custody OF the children award
ed 10 either under the decree. Il a
violation OF II and IL punishable as
being in contempt of court. The
ecclesiastical courts had sole iuriEdic-
ton Of the granting OF divorces up
until the passage of the English d.
yorce act in 1857. After the passage
OF this act the courts Of law assumed
jurisdiction. and n decree Of divorce
vineulo was granted. which ID a
complete decree OF divorce and has
the effect Of restoring the parties 10
the same status they occupied prior
TO contracting the marriage relation.
A decree a yincuio has been the one
usually applied for In divorce pro-
oeedIngs since the passage OF the act
and is the one specifically recognized
in the statutes of this state. and for
the granting Of which n number OF
grounds are prescribed In the code
Upon a decree OF divorce n mensa 81
tboro the Idaho code Is silent II
contains. however, q provision that
where subject matter IL covered by
the common law OF England and Il
not covered by the state statutes that
the former shall be the law on the
subject. and that IL shall have the
same force and effect as II II vas .
part Of the state statutes. and Il Wal
through the above provision that th'
common Law was invoked and q de
cree granted In the present case.
The grounds upon which the de
cree was granted the plaintiff wal
cruel and inhuman treatment. TIT
custody Of the two children. CiaTenc'
Ashley. aged 10. and Elliot Wood
aged 3 years. was awarded 10 TN
plaintiff
=. n. LaVeine appeared for tn
plaintiff and the Law firm Of Sander
& Flynn for the defendant.