Legal Opinion · Dissent

State Ex Rel. Towne v. District Court

Montana Supreme Court

Decided December 2, 1942No. Nos. 8,345, 8,352Published

1Dissent

MR. JUSTICE MORRIS:

I dissent. I am not in accord with the majority in the following particulars:

1. The award of $150 per Month to the wife was intended by the parties and by the court as alimony and not as a contractual obligation of the husband.

2. The district court of Deer Lodge county has continuing jurisdiction over the question of modification and award of alimony and the father’s obligation to support the minor child until she arrives at majority.

3. Katherine It. Towne could obtain no relief by any action under the divorce decree in the courts of Silver Bow county except by possibly…

2Cases cited25 opinions

  1. Sistare v. SistareSupreme Court of the United States · 1910
  2. Douglas v. WillcutsSupreme Court of the United States · 1935
  3. Audubon v. ShufeldtSupreme Court of the United States · 1901
  4. McClure v. McClureCalifornia Supreme Court · 1935
  5. Herrick v. HerrickIllinois Supreme Court · 1925

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