The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-12
Wife's Judgment for Mainte-
nance Set Aside.
THE ROHRBAUGH CASE
Property Goes to Methodist In.
StitutiOns.
Western Kansas Mortgage Case
Is Decided.

| The supreme court today held in
the case of Emma Blanche Mccormick
| against her former husband, Joseph
L. Mccormick, that no action for. main
| tenance would lie in Kansas where a
divorce had been obtained in Missouri
| by publication, and even though the
petition for the divorce in Missouri
was untrue and the divorce had been
obtained by false testimony. The Nc
Cormicks formerly lived at Manhattan,
Kansas; they moved to Kansas City,
where Mr.. Mccormick is now engaged
in the live stock commission business.
Life in a big city did not seem to
agree with their marriage relations and
they separated. Mrs. Mccormick
came back to Kansas. Mccormick
filed suit for divorce at Kansas City,
Mo-, and obtained it. Later Mrs. Nc
Cormick filed suit in Riley county for
maintenance and was given judgment
for $500. An appeal was taken by
Mccormick to the supreme court and
this judgment was reversed today by
giving the decree of the Missouri
court the force it would have if rem
dered by a court of this state it was
as effectual as if it had been founded
upon personal service. 1t dissolved the
marriage and the plaintiff was no
longer the defendants wife. No ap-
plication for alimony having been pre-
sented and no award having been made
the judgment is a bar to the recovery
of alimony now.'
The legislature of 1907 made the
recognition and enforcement. of for
eign divorce DEGREES based upon pub
lication service obligatory in this state,
and placed snch DEGREES on the same
basis as judgments of the courts of this
state.
The supreme court today in uphold
ing the decision of the Allen county
court in the Rohrbaugh will case held
that a deed executed by an insane
person to another person who has
knowledge of the mental incapacfty
of the grantOr and who gives no sub
Stantial consideration for the property
is an absolute nuliity. The trial court
had set aside the findings of the jury
and decided the case in the opposite
and the supreme court held that in
this case the court had right to do
this. The supreme court decided,
from the evidence, that Rohrbaugh
was of unsound mind when he trans
ferred his property from the Methodist
churches to which he had formerly
given it to Mrs. Hubbard, his sister
in-law. The case was taken to Allen
county on a change of venue from
Ottawa county. The story of the case
Is as follows:
In Ottawa, Kan, S. B. Rohrbaugh
Is huOWu III LOWn ulSLOTy as OIIdWa )
greatest benefactor, and the contest
over the disposition of his estate.
which has value variously estimated
from $150,OOO to 100000 has been
watched with the keenest interest. He
built the town opera house, following
the destruction of his first theater
building by fire with the erection of a
new $4,000 structure. He built the
most substantial buildings on Main
street, and gave toward the erection
of the new First NJ. E. church land
and money to the total outlay of
$4,000. A queer, silent old "Penn-
sylvania Dutchman,'' he was the
towns reliance when any generous
cash support to local Improvement
was needed.
The suit which has just been de-
cided is test case out of dozen or
more which are pending to decide the
disposition of his property between
institutions of the Methodist church
on the one hand, and the members