Stebbins v. Morris
Montana Supreme Court
Appeal from District Court, Park County; F. K. Armstrong, Judge. -Action by Ellen M. Stebbins against Robert O. Morris. Demurrer to the complaint - was ■ sustained, and plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Park County; F. K. Armstrong, Judge. -Action by Ellen M. Stebbins against Robert O. Morris. Demurrer to the complaint - was ■ sustained, and plaintiff appeals. Statement of the case by the justice delivering the opinion. In her complaint the plaintiff alleges “that on the 20th day of June, 1885, for the purpose and object of settling and adjusting the interest and right of herself and husband in and to certain property, and for the purpose of providing for the future support and maintenance of the plaintiff by the said defendant, and as evidence of their…
1Opinion of the CourtBuck, J.
The main question discussed in the briefs on tile in this case is whether or not the contract set forth in plaintiff’s complaint is void as against public policy. Under the Montana Codes which took effect in 1895 (sections 215, 216, Civil Code), an agreement for an immediate separation beT tween a husband and wife is expressly allowed, and their mutual consent is declared to be a sufficient consideration. The present controversy arose, however, even prior to the enactment in 1887 of what is generally known as the “Married Woman’s Emancipation Act.” This necessitates a consideration of the…
2Cases cited10 opinions
- Rains v. WheelerTexas Supreme Court · 1890
- Storey v. StoreyIllinois Supreme Court · 1888
- Randall v. RandallMichigan Supreme Court · 1877
- Walker v. Walker'sSupreme Court of the United States · 1870
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
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3Cited by17 opinions
- King v. MollohanSupreme Court of Kansas · 1900
- Lyons v. SchanbacherIllinois Supreme Court · 1925
- Peters v. PetersCourt of Chancery of Delaware · 1933
- Boland v. O'neil, Admr.Supreme Court of Connecticut · 1899
- State ex rel. Giroux v. GirouxMontana Supreme Court · 1897
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