Stoneburner v. Stoneburner
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Honorable Edgar C. Steele, Judge. Action by plaintiff for a decree of divoree on the grounds of desertion. Denials and defense of recrimination on grounds of desertion. Judgment for plaintiff and defendant appeals. The facts are stated in the opinion.
Read the full summary
APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Honorable Edgar C. Steele, Judge. Action by plaintiff for a decree of divoree on the grounds of desertion. Denials and defense of recrimination on grounds of desertion. Judgment for plaintiff and defendant appeals. The facts are stated in the opinion. A court should dismiss a case when such evidence is given on the ground that it will not aid a wrongdoer, and if it appears that both are in fault, it will leave them where it finds them, is elementary law. (2 Bishop on Marriage and Divorce, sec. 87;…
1Opinion of the CourtAilshie, J.
— This action was instituted by the respondent in the district court February 16, 1903, praying for a decree of divorce. The defendant, who is appellant in this court, answered denying the charge of desertion and as a separate defense alleged and charged the plaintiff with a violation of the marital contract in that he, without just m* any cause therefor, deserted and abandoned her on the eighth day of June, 1896, at Berne, in the state of Indiana. After the issues were made up the district court referred the case to a referee to take the testimony and report the same to the court. After the…
2Cases cited7 opinions
- Conant v. ConantCalifornia Supreme Court · 1858
- Wheeler v. WheelerOregon Supreme Court · 1889
- Ogilvie v. OgilvieOregon Supreme Court · 1900
- Brenot v. BrenotCalifornia Supreme Court · 1894
- Howard v. HowardCalifornia Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Phipps v. Boise Street Car Co.Idaho Supreme Court · 1940
- Spofford v. SpoffordIdaho Supreme Court · 1910
- Village of Sandpoint v. DoyleIdaho Supreme Court · 1908
- Curtis v. Siebrand Bros. Circus & Carnival Co.Idaho Supreme Court · 1948
- Keyes v. KeyesIdaho Supreme Court · 1932
22 more not listed; retrieve them via the Exa API.