Decker v. Decker
Montana Supreme Court
Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by Katherine Decker against Wendolin Decker. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by Katherine Decker against Wendolin Decker. Judgment for plaintiff, and defendant appeals. Appellant contends that the trial court was without authority to transfer title to his real property to the respondent, or award to her a gross sum, either in money or property, for her separate maintenance; also that the amended complaint does not support the judgment, in that it does not ask or demand that a gross sum be allowed respondent or that the property in question be transferred to her in fee simple, and that the…
1Opinion of the CourtJustice Patten
delivered the^ opinion of the court.
Action''for separate maintenance. To the complaint a general demurrer was interposed, which was overruled. Upon the defendant’s failure to plead further, a default judgment was entered against him, decreeing to the plaintiff the right to live separate and apart from defendant, and that certain lands of defendant, which are particularly described in the complaint and decree, be awarded to plaintiff for the purpose of providing for her separate maintenance, and that the title in fee to said lands be divested from defendant and transferred absolutely to…
2Cases cited5 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Reynolds v. ReynoldsWest Virginia Supreme Court · 1910
- Edgerton v. EdgertonMontana Supreme Court · 1892
- Hardy v. HardyCalifornia Supreme Court · 1893
- Kusel v. KuselCalifornia Supreme Court · 1905
3Cited by26 opinions
- State Ex Rel. Lay v. District Court, Fourth Judicial DistrictMontana Supreme Court · 1948
- Anderson v. AndersonSupreme Court of Oklahoma · 1929
- Reed v. Woodmen of the WorldMontana Supreme Court · 1933
- Wing v. BrasherMontana Supreme Court · 1921
- Crenshaw v. CrenshawMontana Supreme Court · 1947
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