[DOWNLOAD] "Judson Adm. v. anderson" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Judson Adm. v. anderson
- Author : Supreme Court of Montana
- Release Date : January 20, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1. Divorce ? Findings of fact not disturbed. The trial courts fact findings, sustained by substantial evidence in record, will not be disturbed on appeal. 2. Divorce ? Evidence insufficient for extreme cruelty. In a husbands suit for divorce, the evidence was insufficient to establish that defendant exercised extreme cruelty in repeatedly calling plaintiff a liar, refusing to sleep with him and in refusing to join in an oil lease conveying her dower rights. 3. Appeal and Error ? Substantial evidence ? Weighing evidence. The supreme court owes duty to set aside the trial courts fact findings not supported or justified, but, will not weigh the evidence, which is the trial courts province. 4. Divorce ? Power to annul judgment after death of party. The supreme court has the power on an appeal in a divorce action, not withstanding the death of one of the parties, to annul and set aside a judgment as in other cases. 5. Divorce ? Judgment held reversed. Though the husband dies pending appeal from a decree granting him a divorce, the supreme court has the authority to declare that the decree was erroneous, invalid and ineffective and hence that the marriage relationship continued between parties until the husbands death. 6. Divorce ? Property rights. Where property interests as well as personal relationship of parties to the divorce action are involved therein, an appeal from the divorce decree will not abate on one partys death pending the determination of the appeal, though the decree does not adjudicate the property rights in express terms. 7. Evidence ? Judicial notice. The supreme court will take judicial notice of the Montana statutes attaching to the marital relationship the property rights of the wife in the form of dower and succession rights in the husbands property and the right to support by him.