Boeck v. Boeck
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action for divorce. Judgment for plaintiff. The allegations of the complaint found by the court to be true are trivial in character and do not constitute extreme cruelty, and are insufficient upon which to base a decree.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action for divorce. Judgment for plaintiff. The allegations of the complaint found by the court to be true are trivial in character and do not constitute extreme cruelty, and are insufficient upon which to base a decree. Bishop on Marriage and Divorce, 6th ed., in sec. 454, defines cruelty as: “Such conduct in one of the married parties as to the reasonable apprehension of the other, or, in fact, renders cohabitation physically unsafe to a degree justifying a withdrawal therefrom.”…
1Opinion of the CourtMorgan, J.
This is an appeal from a decree of divorce granted to respondent in a suit wherein the cause of action stated is extreme cruelty, which is defined by sec. 2649, Rev. Codes, as “the infliction of grievous bodily injury or grievous mental suffering upon the other by one party to the marriage.”
In order to sustain the allegations of her complaint, respondent called appellant as her first witness, and required him to testify under the provisions of an act of the legislature approved March 13, 1909 (Sess. Laws 1909, p. 334), wherein it is provided:
“Sec. 1. A party to the record of any civil action…
2Cases cited2 opinions
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- Darry v. CoxIdaho Supreme Court · 1916
3Cited by31 opinions
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- Clark v. KleinIdaho Supreme Court · 2002
- Van Brunt v. StoddardIdaho Supreme Court · 2001
- State v. CoslerIdaho Supreme Court · 1924
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