Ryan v. Ryan
Montana Supreme Court
Appeal from District Court, Jefferson County; M. H. Parker, Judge. Action by Florence E. Ryan against James Ryan. From a judgment in favor of plaintiff, defendant appeals.
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Appeal from District Court, Jefferson County; M. H. Parker, Judge. Action by Florence E. Ryan against James Ryan. From a judgment in favor of plaintiff, defendant appeals. While it is true that it is a principle of law that the state has an interest in divorce suits, which we see exemplified in the rule that judgment for divorce cannot be taken upon default without the evidence, yet in matters of pleading the same rule applies as in pleading other facts, and even if the facts are not specifically alleged, which we do not admit in this ease, the defendant waived any such defect by his failure…
1Opinion of the CourtJustice Holloway
This action was brought to secure a divorce upon the ground of extreme cruelty. The plaintiff prevailed in the district court and the defendant appeals from the judgment.
The only question presented is: Does the complaint state a cause of action? In paragraphs 6, 7 and 8 an attempt is made to charge the defendant with extreme cruelty as defined in our Civil Code, section 134, which reads as follows: “Sec. 134. Extreme cruelty is the infliction or threat of bodily injury dangerous to life, or the repeated infliction or threat of grievous bodily injury, upon the other party, by one party to the…
2Cases cited2 opinions
- Smith v. SmithCalifornia Supreme Court · 1899
- Albert v. AlbertMontana Supreme Court · 1885
3Cited by5 opinions
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- Zartarian v. ZartarianCalifornia Court of Appeal · 1920
- Backstrom v. BackstromOregon Supreme Court · 1936
- Crenshaw v. CrenshawMontana Supreme Court · 1947