Legal Opinion · Dissent

McDonald v. McDonald

Montana Supreme Court

Decided May 23, 1950No. 8916Published

1Dissent

MR. JUSTICE BOTTOMLY:

I dissent to that part' of the majority opinion affirming the judgment of the lower court allowing attorney’s fees to plaintiff.

Here the plaintiff has again married. The defendant likewise has married. The decree of divorce had long before this action arose- becpme final. All actions for divorce are strictly statutory.

“Where allowances for expenses of suit and counsel fees of the wife are, by statute, specifically provided for it is usually held that her right to such allowances is purely statutory and cannot be extended by the court; hence such allowances can be made…

2Cases cited25 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1905
  2. Emery v. EmeryMontana Supreme Court · 1948
  3. Loveren v. LoverenCalifornia Supreme Court · 1894
  4. Bordeaux v. BordeauxMontana Supreme Court · 1902
  5. Dier v. DierNebraska Supreme Court · 1942

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