Magahay v. Magahay
Cases that cite this one
17 later published cases cite this decision.
- Frye v. Frye (Iowa 1954)
- In re Newbern (Cal. 1960)
- Melheim v. Melheim (Minn. 1949)
- Burr v. Burr (Mich. 1944)
- Hereid v. Hereid (Minn. 1941)
- Leonard v. Leonard (Iowa 1936)
- O'Kane v. O'Kane (Ark. 1912)
- Lentz v. Lentz (Mich. 1912)
- Collins v. Collins (Ashland County Court of Common Pleas 1912)
- Rapp v. Rapp (Mich. 1907)
- People v. Radley (Mich. 1901)
- Bizer v. Bizer (Iowa 1900)
- Hilton v. State (Tex. Crim. App. 1899)
- Johnson v. Torpy (Neb. 1892)
- McBee v. McBee (Or. 1892)
- Richards v. Richards (Ill. App. Ct. 1886)
- Walton v. Walton (Kan. 1885)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We think the evidence in this case shows that the defendant has the habit of indulging in intoxicating liquors so firmly fixed that he becomes intoxicated as often as the temptation is presented by his being in the vicinity where liquors are sold. He either makes no vigorous effort to resist and overcome the habit, or his will has become so enfeebled by indulgence that resistance is impossible. We are therefore of opinion that he is, within the meaning of the divorce laws, an habitual drunkard.
The decree below will be reversed, and a decree entered in this court as prayed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.