Eberhart v. Eberhart
Supreme Court of Minnesota
Action in the district court for Blue Barth county for divorce, custody of child and alimony. The case was tried before Comstock, J., who made findings refusing the divorce and granting the custody of the child as stated in the first paragraph of the opipion. Plaintiff’s motion for amended findings was granted in .part and her motion for a new-trial was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtHallam, J.
Plaintiff and defendant were married in August, 1915. A son was bom to them in May, 1916'. In September, 1918, plaintiff commenced this action for divorce aleging cruel and inhuman treatment. Th6 trial court denied plaintiff -a divorce, and decreed that, during the continuance of the estrangement, plaintiff should have the custody of the child from November 1 until May 1 following, each year, and that defendant should have his custody from May 1 to November 1.
1. The testimony was much in conflict. The testimony on behalf of plaintiff was sufficient to make out a case. But the essential acts…
2Cases cited4 opinions
- Wagner v. WagnerSupreme Court of Minnesota · 1886
- Baier v. BaierSupreme Court of Minnesota · 1903
- Prohl v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1918
- Spratt v. SprattSupreme Court of Minnesota · 1918
3Cited by19 opinions
- Eberhart v. EberhartSupreme Court of Minnesota · 1922
- Kaehler v. KaehlerSupreme Court of Minnesota · 1945
- Spratt v. SprattSupreme Court of Minnesota · 1921
- Zirkle v. ZirkleIndiana Supreme Court · 1930
- Eisel v. EiselSupreme Court of Minnesota · 1961
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