Towne v. Towne

'This controversy, in an earlier phase, was formerly before this court, the decision being reported in State ex rel. Towne v. Second Judicial District Court, 114 Mont. 1, 132 Pac. (2d) 161, 163. This appeal involves questions in addition to those raised by the former.

On September 6, 1935, Katherine Towne, respondent, filed suit, in Deer Lodge county, against Charles W. Towne, appel-. lant, for divorce, alimony, attorney’s fees and custody of the minor daughter of the parties. On the following day, and while the action was pending on demurrer, the parties executed an agreement of settlement of…