liens upon property in like manner as in other actions, and may in the same manner be enforced and collected by execution and proceedings in aid thereof, or other action or process as other judgments. [1883, chap. XL.] 2860 SEC. 46. [Remedy cumulative.] The remedy given by this act shall be held to be cumulative and in no respect to take away or abridge any subsisting remedy or power of the court for the enforcement of such judgments and orders; Provided, Nothing in this act shall affect the title of any bona fide purchaser for value holding by reason of such bona fide purchase at the date of its passage. SEC. 5. [Repealed by 1875, 80. Supplied by sec. 6.] 2861 SEC. 6. [Jurisdiction of district court.] A divorce from the bonds of matrimony may be decreed by the district court of the county where the parties, or one of them, reside, on the application by the petition of the aggrieved party in either of the following cases: First-When adultery has been committed by any husband or wife. Second-When one of the parties was physically incompetent at the time of the marriage. Third-When one of the parties has been sentenced to imprisonment in any prison, jail, or house of correction, for three years or more; and no pardon granted, after a divorce for that cause, shall restore such party to his or her conjugal rights. Fourth-Where either party shall willfully abandon the other without just cause, for the term of two years. Fifth-When the husband or wife shall have become an habitual drunkard. Sixth-When either party shall be sentenced to imprisonment for life; and no pardon shall effect a decree of divorce for that cause rendered. [Amended 1875, 79.] 2862 SEC. 7. [Causes for.] A divorce from the bonds of matrimony or from bed and board may be decreed for the cause of extreme cruelty, whether practiced by using personal violence, or by any other means; or for utter desertion of either party for the term of two years; and a like divorce may be decreed, on complaint of the wife, when the husband, being of sufficient ability to provide suitable maintenance for her, shall grossly or wantonly, and cruelly refuse or neglect so to do. 2863 SEC. 8. [Residence.] No divorce shall be granted unless the complainant shall have resided in this state for six months immediately preceding the time of filing the complaint, or unless the marriage was solemnized in this state, and the applicant shall have resided therein from the time of the marriage to the time of filing the complaint. 2864 SEC. 9. [Collusion.] No divorce shall be decreed in any case when it shall appear that the petition or bill therefor was founded in or exhibited by collusion between the parties, nor where the party complaining shall be guilty of the same crime or misconduct charged against the respondent. 2865 SEC. 10. [Petition-Service.] A petition or bill of divorce, alimony, and maintenance may be exhibited by a wife in her own name, as well as a husband; and in all cases the respondent may answer such petition or bill without oath; and in all cases of divorce, alimony, and maintenance, when personal service cannot be had, service by publication may be made as is provided by law in other civil cases under the code of civil procedure. [Amended 1869, 28.] 2866 SEC. 10a. [Witnesses.] That either party may be a witness as in other civil cases. [1869, 28.] 2867 SEC. 11. [Proceedings.] Suits to annul or affirm a marriage, or for a divorce, shall be conducted in the same manner as other suits in courts of equity; and the court shall have the power to award issues, to decree costs, and enforce its decrees as in other cases. SEC. 6. Parties may reside in different counties. 37 Neb., 57. SEC. 7. SEC. 10. Evidence, held, sufficient to warrant decree on ground of extreme cruelty. 20 Neb., 537. 2868 SEC. 12. [Alimony pendente lite-Costs.] In every suit brought, either for a divorce or for a separation, the court may in its discretion require the husband to pay any sum necessary to enable the wife to carry on or defend the suit during its pendency; and it may decree costs against either party, and award execution for the same; or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver. 2869 SEC. 13. [Restraint.] After the exhibition of the petition or bill in a suit to annul a marriage, or for a divorce, whether from the bonds of matrimony or from bed and board, the court may at any time, either in term or vacation, on the petition of the wife, prohibit the husband from imposing any restraint upon her personal liberty during the pendency of the cause. 2870 SEC. 14. [Custody of children.] The court may in like manner, on the application of either party, make such order concerning the care and custody of the minor children of the parties, and their suitable maintenance, during the pendency of such suit, as shall be deemed proper and necessary, and for the benefit of the children. 2871 SEC. 15. [Same.] Upon pronouncing a sentence or decree of nullity of a marriage, and also upon decreeing a divorce, whether from the bonds of matrimony or from bed and board, the court may make such further decree as it shall deem just and proper concerning the care, custody, and maintenance of the minor children of the parties, and may determine with which of the parents the children or any of them shall remain. 2872 SEC. 16. [Same.] The court may from time to time, afterwards, on the petition of either of the parents, revise and alter such decree concerning the care, custody, and maintenance of the children, or any of them, and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children shall require. 2873 SEC. 17. [Real estate.] Whenever nullity of a marriage or a divorce from the bonds of matrimony for any cause shall be decreed, or when the husband shall be sentenced to imprisonment for life, and also upon every divorce from bed and board, the wife shall be entitled to the immediate possession of all her real estate in like manner as if her husband were dead. [Amended 1887, chap. 38.] 2874 SEC. 18. [Same.] Upon every such dissolution of a marriage, as is specified in the preceding section, and also upon every divorce from bed and board, the court may make a further decree for restoring to the wife the whole, or such part as it shall deem just and reasonable, of the personal estate that shall have come to the husband by reason of the marriage, or for awarding to her the value thereof, to be paid by her husband in money. 2875 SEC. 19. [Trustees.] Upon every divorce for adultery committed by the husband, and upon every divorce from bed and board for any cause, when any personal estate of the wife, or money in lieu thereof, shall be awarded to her, as provided in the preceding section, the court, instead of ordering the same to be delivered or paid into the hands of the wife, may order it to be delivered or paid into the hands of a trustee or trustees, to be appointed by the court, upon trust, to invest the same, and to apply the income thereof to the support and maintenance of the wife, and of the minor children of the marriage, or any of them, in such manner as the court shall direct. SEC. 12. Court may order husband to pay into court a reasonable sum of money, to enable wife to prosecute action, where she seeks modification of decree, alleged to have been obtained by fraud of husband. 19 Neb., 587. Action for maintenance only. 27 Neb., 277. Cited 29 Neb., 457. Remedy exclusive. 31 Id., 781. SEC. 14. See note to chap. 34. SEC. 15. Application to modify decree of divorce may be reviewed on error. 19 Neb., 586. 2876 SEC. 20. [Trustees to give bond.] Such trustees shall also pay over the principal sum to the wife and children of the marriage, when ordered by the court, in such proportions and at such times as the court shall direct, regard being had in the disposition of said income, as well as of the principal sum, to the situation and circumstances of the wife and children; and the said trustees shall give such bonds as the court shall require for the faithful performance of their trust. 2877 SEC. 21. [Examination of husband.] Whenever the court shall think proper to award to the wife any of her personal estate, or any money in lieu thereof, in pursuance to the foregoing provisions, such court may require the husband to disclose, on oath, what personal estate has come to him, by reason of the marriage, and how the same has been disposed of, and what portion thereof still remains in his hands. 2878 SEC. 22. [Alimony.] Upon every divorce from the bonds of matrimony for any cause excepting that of adultery, committed by the wife, and also upon every divorce from bed and board, from any cause, if the estate and effects restored or awarded to the wife shall be insufficient for the suitable support and maintenance of herself and such children of the marriage as shall be committed to her care and custody, the court may further decree to her such part of the personal estate of the husband and such alimony out of his estate as it shall deem just and reasonable, having regard to the ability of the husband, the character and situation of the parties, and all other circumstances of the case. 2879 SEC. 23. [Dower.] When the marriage shall be dissolved by the husband being sentenced to imprisonment for life, and when a divorce shall be decreed for the cause of adultery committed by the husband, or misconduct or drunkenness of the husband, or on account of his being sentenced to imprisonment for a term of three years or more, the wife shall be entitled to her dower in his lands in the same manner as if he were dead; but she shall not be entitled to dower in any other case of divorce. 2880 SEC. 24. [Rights of husband.] When a divorce shall be decreed for the cause of adultery committed by the wife, the husband may hold such of her personal estate as the court shall deem just and reasonable under all the circumstances in the case, and the same shall be determined and decreed by the court at the time of the granting of such divorce. [Amended 1887, chap. 38.] SEC. 25. [Repealed 1877, chap. 38.] 2881 SEC. 26. [Security.] In all cases where alimony or other allowance shall be decreed for the wife or for the children, the court may require sufficient security to be given by the husband for the payment thereof, according to the terms of the decree. And upon the neglect or refusal of the husband to give such security, or upon his failure to pay such alimony or allowance, his real or personal estate may be sold as upon execution for the payment of any sums due upon such decree. And in default of security for the payment of installments in future to fall due, the court may also appoint a receiver to take charge of his real or personal estate, or both, and hold the same, and the rents, issues, interests, and profits thereof, for security for the payment of installments in future falling due. And judgments and decrees for alimony or maintenance shall be liens upon the property of the husband, and may be SEC. 22. Alimony decreed though divorce against wife. 26 Neb., 318. No fixed rules for determining amount of alimony. 42 Id., 612. SEC. 23. If wife makes no demand for dower, and court in making a division of the property of the husband in the nature of permanent alimony awards a sum in gross to her, it will bar her claim for dower, unless a contrary intent is shown in decree. 18 Neb., 395. SEC. 26. Act of 1883 has no repealing clause. Former law read "and" instead of "for the" before children in line two, and after "allowance," in line five, read as follows: "the court may sequester his personal estate, and the rents and profits of his real estate, and may appoint a receiver thereof, and cause such personal estate, and the rents and profits of such real estate, to be applied to the payment thereof." enforced and collected in the same manner as other judgments of the court wherein they are rendered. [Amended 1883, chap. XLI. Took effect June 1, 1883.] 2882 SEC. 27. [Decree.] After a decree for alimony or other allowance for the wife and children, or either of them, and also after a decree for the appointment of trustees to receive and hold any property for the use of the wife or children, as before provided, the court may, from time to time, on the petition of either of the parties, revise and alter such decree respecting the amount of such alimony or allowance, or the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any decree respecting any of the said matters which such court might have made in the original suit. 2883 SEC. 28. [Legitimacy of children.] A divorce for the cause of adultery committed by the wife shall not affect the legitimacy of the issue of the marriage, but the legitimacy of such children, if questioned, may be determined by the court upon the proofs in the case; and in every case the legitimacy of all children begotten before the commencement of the suit shall be presumed until the contrary be shown. 2884 SEC. 29. [Same.] Upon the dissolution of a marriage on account of the non-age, insanity, or idiocy of either party, the issue of the marriage shall be deemed to be, in all respects, the legitimate issue of the parent who, at the time of the marriage, was capable of contracting. 2885 SEC. 30. [Prior marriage.] When a marriage is dissolved on account of a prior marriage of either, and it shall appear that the second marriage was contracted in good faith and with the full belief of the parties that the former wife or husband was dead, the fact shall be stated in the decree of divorce or nullity, and the issue of such second marriage, born or begotten before the commencement of the suit, shall be deemed to be legitimate issue of the parent who, at the time of the marriage, was capable of contracting. 2886 SEC. 31. [Consanguinity-Miscegenation.] Upon the dissolution by decree or sentence of nullity of any marriage that is prohibited on account of consanguinity between the parties, or of any marriage between a white person and a negro, the issue of the marriage shall be deemed to be illegitimate. 2887 SEC. 32. [Penalties.] If any persons, after being divorced from the bonds of matrimony, for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery. 2888 SEC. 33. [Petition to annul marriage.] A bill to annul a marriage on the ground that one of the parties was under the age of legal consent may be exhibited by the parent or guardian entitled to the custody of such minor, but in no case shall such marriage be annulled on the application of a party who was of age of legal consent at the time of the marriage, nor when it shall appear that the parties, after they had obtained the age of consent, had freely cohabited as man and wife. the 2889 SEC. 34. [Same.] A petition to annul a marriage on the ground of insanity or idiocy may be exhibited by any person admitted by the court to prosecute as the next friend to such idiot or lunatic. 2890 SEC. 35. [Lunatic.] The marriage of a lunatic may also be declared void upon the application of the lunatic after the restoration of reason, but in such case no sentence of nullity shall be pronounced if it shall appear that the parties freely cohabited as husband and wife after the lunatic was restored to a sound mind. SEC. 27. Authority of district court to award alimony. 19 Neb., 587. SEC. 33. Cited 19 Neb., 431. 2891 SEC. 36. [Force or fraud.] If there shall be any issue of a marriage, annulled on the ground of force or fraud, the court shall decree their custody to the innocent person, and may also decree a provision for their education and maintenance out of the estate and property of the guilty party. 2892 SEC. 37. [Physical incapacity.] A suit to annul a marriage on the ground of the physical incapacity of one of the parties shall only be maintained by the injured party against the party whose incapacity is alleged, and shall, in all cases, be brought within two years from the solemnization of the marriage. 2893 SEC. 38. [Confession and admission.] No decree of divorce and of the nullity of a marriage shall be made solely on the declarations, confessions or admissions of the parties, but the court shall in all cases require other satisfactory evidence of the facts alleged in the bill for that purpose. 2894 SEC. 39. [In what cases court may deny divorce.] In any suit brought for a divorce on the ground of adultery, although the fact of adultery be established, the court may deny a divorce in the following cases: First-When the offense shall appear to have been committed by the procurement or with the connivance of the complainant. Second-When the offense charged shall have been forgiven by the injured party, and such forgiveness be proved by express proof, or by the voluntary cohabitation of the parties with the knowledge of the offense. Third-When there shall have been no express forgiveness, and no voluntary cohabitation of the parties, but the suit shall not have been brought within five years after the discovery by the complainant of the offense charged. 2895 SEC. 40. [Order for maintenance.] In case of an application for a divorce from bed and board, although a decree for such divorce be not made, the court may make such order or decree for the support and maintenance of the wife and children, or any of them, by the husband, or out of his property, as the nature of the case may render suitable and proper. 2896 SEC. 41. [Revocation of decree.] When a decree of divorce from bed and board forever, or for a limited time, shall have been pronounced, it may be revoked at any time thereafter, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and their producing satisfactory evidence of their reconciliation. 2897 SEC. 42. [Residence of wife.] If any married woman, at the time of exhibiting a bill against her husband, under the provisions of either of the last two sections, shall reside in this state, she shall be deemed an inhabitant thereof, although her husband may reside elsewhere. 2898 SEC. 43. [Custody of children.] That when, from any cause, a husband and wife shall seperate, and the wife shall claim possession of any child or children who may be the fruit of such marriage, not exceeding twelve years of age, said wife shall apply to the probate judge of the county wherein said husband and wife resided at the time of their seperation, or in which the mother may reside at the time of said application for the custody of said child or children. The probate judge shall give said husband notice of the application, together with the time set for hearing said cause, which time shall not be less than three days from the service of the notice, said notice may be served by leaving a copy at the usual place of residence of the husband. [12 Sess. Terr., 1867, § 1, 18.] 2899 SEC. 44. [Same.] If it shall appear that said mother is able to provide for the maintainance of such child or chrildren, and should under the proof presented be awarded the custody of such child or chrildren, the probate judge shall order that such child or children shall remain in the custody of the mother until the custody SEC. 40. Action for alimony only. 27 Neb., 277. SEC. 43. "An act relating to the custody of children in certain cases." Laws, 12th Sess. Terr., 18. |