Edgerton v. Edgerton
Montana Supreme Court
Appeal from First Judicial District, Leíais and Clarice County* Action by wife for recovery of maintenance. Defendant's demurrer to the complaint was sustained by Hunt, J. There are two main propositions to be considered: First. A re the parties hereto husband and wife? And to determine'this we have only to consider the decree secured at Billings.
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Appeal from First Judicial District, Leíais and Clarice County* Action by wife for recovery of maintenance. Defendant's demurrer to the complaint was sustained by Hunt, J. There are two main propositions to be considered: First. A re the parties hereto husband and wife? And to determine'this we have only to consider the decree secured at Billings. Is it void or voidable? If void, we will then claim that the plaintiff is the wife of the defendant, and is entitled to maintain this action. If voidable, then we concede that we are premature in our action. Second. If we are right in our first…
1Opinion of the CourtHarwood, J.
There are two questions brought here for determination by this appeal. The first relates to the jurisdiction, in equity, of the District Courts of this State, and may be stated by the following proposition: Have the District Courts of this State power, in the exercise of their equity jurisdiction, to enforce maintenance of a wife by decreeing proper relief in an action brought by her against her husband, independently of an action for divorce, where it is shown that he, without just cause, has abandoned her, or by his cruelty or other improper conduct has given her just cause for living…
2Cases cited21 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Hahn v. KellyCalifornia Supreme Court · 1868
- Morrill v. MorrillOregon Supreme Court · 1890
- Horner v. DoeIndiana Supreme Court · 1848
- Coit v. HavenSupreme Court of Connecticut · 1861
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In re DoleHawaii Supreme Court · 1903
- Artman v. ArtmanSupreme Court of Connecticut · 1930
- Bohun v. KinaszSupreme Court of Connecticut · 1938
- State ex rel. Wooten v. District CourtMontana Supreme Court · 1920
- Lang v. LangWest Virginia Supreme Court · 1912
19 more not listed; retrieve them via the Exa API.