Legal Opinion

Donaldson v. Donaldson

Idaho Supreme Court

Decided December 31, 1917PublishedCited by 46 opinions

APPEAL froDi tbe District Court of tbe Second Judicial District, for Lewis County. Don. Edgar C. Steele, Judge. Action for divorce. Judgment for plaintiff. Tbe evidence in tbis action does not show sufficient grounds to warrant tbe court in granting tbe respondent a divorce. (See Divorce, Cent.

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APPEAL froDi tbe District Court of tbe Second Judicial District, for Lewis County. Don. Edgar C. Steele, Judge. Action for divorce. Judgment for plaintiff. Tbe evidence in tbis action does not show sufficient grounds to warrant tbe court in granting tbe respondent a divorce. (See Divorce, Cent. Dig., see. 64; Barker v. Barker, 25 Okl. 48, 105 Pae. 347, 26 L. E. A., N. S., 909.) The evidence on the material points fails of corroboration, and the court should not have granted the divorce or awarded the care and custody of the minor children to the respondent. (Sec. 2661, Rev. Codes; Strode v.…

1Opinion of the CourtRice, J.

The respondent, Rosa B. Donaldson, brought this suit to obtain a decree of divorce from appellant upon the ground of extreme cruelty causing grievous mental suffering. A judgment was entered" in favor of respondent. The appeal is from the judgment.

Extreme cruelty is defined by see. 2649, Rev. Codes, as “the infliction of grievous bodily injury or grievous mental suffering upon the other by one party to the marriage.” In 9 R. C. L., p. 335, it is said: “It is well recognized that no exact inclusive and exclusive definition of legal cruelty can be given, and the courts have not attempted to do…

2Cases cited18 opinions

  1. Barnes v. BarnesCalifornia Supreme Court · 1892
  2. Beadleston v. . BeadlestonNew York Court of Appeals · 1886
  3. Briggs v. BriggsMichigan Supreme Court · 1870
  4. Loveren v. LoverenCalifornia Supreme Court · 1894
  5. McCarthy v. . McCarthyNew York Court of Appeals · 1893

13 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Angleton v. AngletonIdaho Supreme Court · 1962
  2. Gapsch v. GapschIdaho Supreme Court · 1954
  3. Roosma v. MootsIdaho Supreme Court · 1941
  4. Piatt v. PiattIdaho Supreme Court · 1919
  5. Hay v. HayIdaho Supreme Court · 1924

41 more not listed; retrieve them via the Exa API.

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