The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-06-29
M'KIM DIVORCE SUIT
IN SUPREME COURT
Defendant Appeals From
Ruling of Trial Judge at
Reno, New.
CASE is DELAYED
SEVERAL WEEKS
Ultimately It May Reach the Fed
eral Court of Last Resort for
Final Adjudication.

Final Adjudication.
RENO. New. June 29-FollowinE the
hearing in the supreme court of Ne
Vada on the. technica; appeal by DR..
Smith Rollins McKim. from = ruling
BY the district court Of Reno against
his plea for special appearance in the
divorce suit instituted against him BY
his wife. who was formerly Miss Mar
garet z Emerson Of Baltimore. has
rome an intimatlon by the attorneys o.
Dr. McKim that the divorce cas-. ulti-
fnately may be carried to the Supreme
Court Of the United States.
me state supreme court did not ar
rive at a decision and il is not likely
That the case can be resumed in the
district court for many weeks. In fac.
james I. Boyd. attorney for Mrs. Nc
Kim. declared today that he did not
Expect the lower court to resume the
Ease for a month at least.
Contention of DR.. McKim.
The lawyers for Dr. McKim have
been granted five days in which TO sub
nit list Of authorities cited in their
argument before the supreme court. and
lhief Justice Norcross declared TODAY
That he would not be able TO say def
hitely until next week how long II
would be before the decision would be
announced.
The point on which the case may be
Earrled into the Federal courts Is a pos
sible contention ~ DR.. McKim's law
gers, In the event Of an adverse ruling
BY the supreme court, that in refusing
to grant the defendants application for
fpecial appearance in the case .he State
pf Nevada is denying to DR.. McKim an
Inherent right belonging 10 him as an
American citizen.
Certain II now seems that the case
will be taken on appeal at least as far
rs the supreme court OF Nevada. The
technical appeal is, Of course. not an
appeal from judgment by the lower
tOurt on tie divorce suit in its entirety,
but simply from the lower courts rul-
ing that DR.. McKim had no right 10 file
plea in abatement under the special
appearance, or, in other words, the lower
courts finding was TO the effect that
Or. McKim, If he appeared at all to
tefend the suit or TO contest the Juris-
EiCtiOn Of the Nevada courts. must at
the time Of such appearance place him
seIf under the complete jurisdiction e
the courts.
Lower Court Restrained.
Pending a decision BY the supreme
lourt the lower court is. restrained fro,n
taking any further action in the case,
although as a part Of the proceedings
AIr. Boyd fled a motion to dissolve the
restraining order
That the supreme court will grant
this motion and viii refuse to make a
ruling OF DR.. McKim's application for
special appearance, on the ground that
The latter has not legal status to make
such appeal over the decision Of the
lower court. is the belief Of Mrs. Nc
l1im's attorney.
Mrs. McKim Is Pleased.
When Mr.. Boyd's expectations were
conveyed to Mrs. McKim and to her
father, /. L. Emerson, Of Baltimore.
last night at the formers home, ehey
seemed greatly pleased, although
they continued to refrain from Civ
ing out statements for publication.
Mrs. McKim is bearing up we'll under
The strain Of delay. although realiz-
ing that il may be months and even
years before the case is finally con-
Guided.
DIT. McKim's position IN the case
was clearly set forth by his counsel
james Glyun,. in making his argument
before the supreme court, and IL
bears out the belief that has been
held here IN Reno ever since the dl-
NOrCe case was nstlruted-namely
that Dr. Mckim intends 20 preserve
as long as possible the right TO con-
lend that any divorce decree that his
wife may obtain in Nevada VIII not
be recognized in the State of New
Ork. where he is living. In the
course Of his argument, Mr. Glynn
Defendants Rights.
@The defendant has the right not to
appear when the courts OF Nevada
have not obtained Jurisdiction over
him by other than constructive serv-
ice, and it is this right which we wish
10 protect until such time as we shall
care to thresh out the merits Of the
case"
Attorney Boyd's Interpretation Of this
statement shows clearly how he re-
CARDS the attitude Of DIT. McI1im. In
reply 70 Mr.. Glynn Mr.. Boyd said:
Dr. McKim wants to eat his pie and
keep it at the same time. He wants 10
take advantage OF the New York laws,
but he also. at the same time. wants 70
place himself under the Nevada laws in
so far as TO enable him 20 make a spe-
Cial appearance in the case. If his
application for special appearance, or
his subsequent plea for abatement for
which he you'd make such special
appearance, is oveTuled, he would 60
back to New York and not recognize
the Nevada divorce as being valid"
Attacks Mrs. McKim's Residence.
The argument on both sides was ex-
tremely technical and did not touch
upon the merits or the divorce case.
once, It IS true the compleXity of the
argument was varied when Mr.. Boyd
heatedly denounced the opposing coun-
sells statement that Mrs. AIcKim has
never been a bona dde resident Of Ne
vada as an attempt TO prove fraud on
the part Of the plaintiff without the
merits Of Mrs. Mcl<im's claim 10. resi-
dence having had a chance TO be es-
tablished-
A new attorney for DR.. McKim ap-
peared at yesterdays hearing in the
person Of Horauo AlIng, Of Carson
City, New, who assisted Mr.. Glynn in
the argument.
HAS $4,000 BOOTY.
NEW YORK. June 2s.-At Ellis IS
land is a Roumanian woman. Marcene