White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-05-19
SEEK ANNULLMENT OF
MILLER DIVORCE DECREE

Proceedings in the case of Kath-
ar.ne ID. Miller against John Mile
in an action brought by John Miller
To set aside and annul a decree of di-
vorce were started in the district
court Wednesday morning
Samuel Plat of the firm of Plat
& Sanford, attorneys at law of Reno,
appeared as counsel for the plaintiff
in toe present a s. Of John Miller
Judge Z. A. McCarIan. former ~iastie.
of the supreme court of Nevada. APP
Feared as counsel for Katharine ID.
Miller.
The decree of divorce in question
was granted in the district court OF
White Pine county In September,
1920. to Katharine ID. Miller from
John Miller on the ground OF deser-
ton. When the divorce was granted
Katherine ID. Miller was present in
court and testified that both she and
John Miller were practicing physi-
clans in New York. She testified
that her husband was then located at
the Steptoe hospital and that after
coming TO Ely she met her husband
and then knew that he was in the
city. She told OF the impossibility OF
her husband and herself getting along
as husband and wife.
The answer in the suit was filed by
Attorney J. NJ. Lockhart for DIR. John
Miller. who was served with sum-
mons at Ely. DR.. Miller did o APP
pear in court or contest the suit for
divorce. Upon the testimony OF Kath-
crime ID Miller. uneontradicted on the
part of DIR Miller. the decree OF di-
yOrce was granted.
The trial Wednesday was based on
the petition and affidavit OF DIR. John
Miller IL set aside the divorce on the
grounds that the court had no juris-
diction in the matter and that the
divorce vas obtained through the col
lusioE of The parties.
Or. John Miller. who is a physician
about the age OF 29 years and a resi-.
cent of New York, was present in
court and testified in support OF Lis
affidavit.
Upon cross-eyamination by judge
Mccarran the witness appeared to be
rather uncertain about his answers
Cn INSTRUMENTATION He testified
that his attorney In the matter was
furnished him and that by interview
ing such attorney he was instructed
10 do so. When confronted with his
W signature To a paper engaging
and authorizing Attorney Lockhart ~
act for him in the divorce suit he ad-
niitted the signed authority.
Judge McCarran asked Mr.. Miller
IL he had started proceedings in the
supreme court OF New York against
W. j. Enrich. a stock broker of New
York. To recover a judgment of $3.50.
900 for the alienation OF his wife's
affections.
DIR. Miller answered that he had
started such proceedings.
Afhdavtts were offered in evidence
BY Judge McCarran from DIR. Katb-
arine ID. Miller showing that she was
low the wife Of ". J. Enrich and also
setting forth the facts relative To the
extreme cruelty practiced by her hus-
land, br Miller. after the birth OF
Their baby daughter. Other afnda-
wits by relatives Of DIR. Katharine Mil.
Ter confirming the testimony az 10
cruelty on the part OF DIR. Miller wore
offered in evidence
= IN the argument of Attorney Plat
ne presented the matter as one Of
pure lack OF Jurisdiction on the mar,
CT the court. as the parties did moi,
contemplate taking up a residence In
"nlte Pine county; that each came
reTe for the express purpose of get.
tihg a divorce and entered into a col
InSion against the court. and for thar
reason h court had a right to sci
aside the divorce
JUICE Mcclrran in his reply said
IL Is % every matter that viii ser
aside a divorce. III the question OF
jurisdiction could be brought up al
mo VIII OF anyone who wished 10 dis
turb a decree OF divorce.