Lee v. Lee
Montana Supreme Court
Appeal from District Court, Big Horn County; Geo. P. Jones, Judge. Action for divorce by Walter 0. Lee against Mayme Lee. From an order allowing defendant temporary alimony, suit money and counsel fees, plaintiff appeals.
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Appeal from District Court, Big Horn County; Geo. P. Jones, Judge. Action for divorce by Walter 0. Lee against Mayme Lee. From an order allowing defendant temporary alimony, suit money and counsel fees, plaintiff appeals. Both parties were competent to enter into this agreement (Rev. Codes, see. 8694), and they were also competent to agree, as here, “to an immediate separation, and may make provision for the support of either of them and of their children during such separation.” (Sec. 3695.) The mutual consent of the parties is a sufficient consideration for such an agreement. (See. 3696;…
1Opinion of the Court
MR. JUSTICE' COOPER
delivered the opinion of the court.
This is an appeal from an order allowing defendant in the divorce action instituted by Walter O. Lee against his wife, Mayme Lee, temporary alimony in the sum of $125 a month, suit money to the amount of $500, and the sum of $750 as counsel fees.
*429The complaint filed by the husband on March 2, 1918, sets forth substantially: The residence of plaintiff for more than one year within the state immediately preceding the beginning of the action for divorce; the intermarriage of the parties on December 3, 1910; the nonbirth of any children; the…
2Cases cited5 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Winter v. . WinterNew York Court of Appeals · 1908
- Walker v. Walker'sSupreme Court of the United States · 1870
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
- Stebbins v. MorrisMontana Supreme Court · 1897
3Cited by6 opinions
- Adams v. AdamsCalifornia Supreme Court · 1947
- McCahan v. McCahanCalifornia Court of Appeal · 1920
- Steinmetz v. SteinmetzCalifornia Court of Appeal · 1924
- Sherman v. ShermanMontana Supreme Court · 1922
- Ward v. WardMontana Supreme Court · 1928
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