Donaldson v. Donaldson
Idaho Supreme Court
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.…
1Concurring in part, dissenting in part
BUDGE, C. J.,
Concurring in Part and Dissenting in Part. — I am in accord with the views expressed in the majority opinion except as to the holding touching the matter of attorney’s fees, but in that portion of the opinion I am unable to concur.
This court has heretofore adhered to the view that attorney fees may be properly allowed in a divorce suit and has actually awarded such fees in cases where the services of the attorney had been rendered prior to the order awarding such fees. (Roby v. Roby, 9 Ida. 371, 3 Ann. Cas. 50, 74 Pac. 957; Day v. Day, 12 Ida. 556, 10 Ann. Cas. 260, 86 Pac. 531.)…
2Cases cited9 opinions
- Lake v. LakeNevada Supreme Court · 1882
- Waters v. WatersSupreme Court of Missouri · 1872
- Day v. DayIdaho Supreme Court · 1906
- Roby v. RobyIdaho Supreme Court · 1903
- Taylor v. TaylorOregon Supreme Court · 1914
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