Legal Opinion · Dissent

Stefonick v. Stefonick

Montana Supreme Court

Decided March 30, 1946No. 8572Published

1DissentJustice Adair

I am not able to concur in the modification of the judgment nor in the order of this court vacating and reversing that part of the judgment awarding alimony in gross to the wife.

The majority opinion concedes that under the evidence herein the wife is entitled to a decree of divorce because of the fault of her husband and that under the circumstances of the case she is entitled to receive alimony, but the majority opinion questions the form in which the alimony was allotted, in effect, holding that in making the award in gross the trial court was guilty of an abuse of the discretion reposed in…

2Cases cited78 opinions

  1. Hunter v. HunterCalifornia Supreme Court · 1896
  2. Ex parte SpencerCalifornia Supreme Court · 1890
  3. Eaton v. DavisSupreme Court of Virginia · 1940
  4. Roubicek v. RoubicekSupreme Court of Alabama · 1945
  5. Gaston v. GastonCalifornia Supreme Court · 1896

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