Legal Opinion

Bordeaux v. Bordeaux

Montana Supreme Court

Decided March 22, 1911No. 2,921PublishedCited by 28 opinions

Appeal from District Court, Silver Bow County; J. Miller Smith, a Judge of the First Judicial District, in and for Lewis and Clark County, presiding. Action by John R. Bordeaux against Ella F. Bordeaux.From a judgment for defendant and an order overruling a motion for a new trial, plaintiff appeals. Order denying new trial affirmed and decree of divorce reversed, and cause remanded, with directions to enter decree in favor of plaintiff.

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Appeal from District Court, Silver Bow County; J. Miller Smith, a Judge of the First Judicial District, in and for Lewis and Clark County, presiding. Action by John R. Bordeaux against Ella F. Bordeaux.From a judgment for defendant and an order overruling a motion for a new trial, plaintiff appeals. Order denying new trial affirmed and decree of divorce reversed, and cause remanded, with directions to enter decree in favor of plaintiff. Appellant assigns as error the refusal of the trial court to find upon the issues of desertion; whether plaintiff and defendant were living separate and apart…

1Opinion of the CourtChief Justice Brantly

This is an action for divorce on the ground of desertion. The trial was by the court sitting with a jury. The jury being unable to agree upon answers to special interrogatories submitted to them, the court discharged them and rendered judgment, dismissing the action, after refusing plaintiff’s request for specific findings upon the controverted issues. The plaintiff has appealed from the judgment and an order denying his motion for a new trial.

The parties were married on June 2, 1886, but have lived separate and apart since January 23, 1898. The complaint was filed on March 10, 1909. It…

2Cases cited20 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1905
  2. Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
  3. Finch v. KentMontana Supreme Court · 1900
  4. McMullin v. McMullinCalifornia Supreme Court · 1903
  5. Vreeland v. EdensMontana Supreme Court · 1907

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

3Cited by28 opinions

  1. Gibson v. Morris State BankMontana Supreme Court · 1914
  2. Moss v. GoodhartMontana Supreme Court · 1913
  3. Croft v. BainMontana Supreme Court · 1914
  4. De Celles v. CaseyMontana Supreme Court · 1914
  5. Ebaugh v. BurnsMontana Supreme Court · 1922

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

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