Sherman v. Sherman

The only question presented upon this appeal is whether the existence of the agreement of separation is a bar to the action for divorce.

Our statute provides that husband and wife “may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation.” (Sec. 5787, Rev. Codes 1921.)

An agreement of this character, fairly made and executed, free from fraud or imposition, coercion, or duress, will be upheld and enforced. (Lee v. Lee, 55 Mont. 426, 178 Pac. 173.) Such an agreement is not ordinarily a bar to an action…