Legal Opinion

Cummins v. Cummins

Montana Supreme Court

Decided February 21, 1921No. 4,258PublishedCited by 11 opinions

Appeal from District Court{ Dawson County; C. C. Hurley, Judge. Action for divorce by Mary Cummins against George Cummins. From tliat part of the judgment awarding alimony, plaintiff appeals.

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Appeal from District Court{ Dawson County; C. C. Hurley, Judge. Action for divorce by Mary Cummins against George Cummins. From tliat part of the judgment awarding alimony, plaintiff appeals. A court in fixing the amount of alimony to the wife, on divorce, should take into consideration whether or not the wife was free from blame; the age, social standing, physical condition, capacity to earn and lack of separate estate .or means or money, of the wife; the size and productiveness of the husband’s estate, his income and his capacity to labor and earn; also the property accumulated by their…

1Opinion of the CourtJustice Cooper

A decree of divorce was awarded to the plaintiff in the court below upon allegations of extreme cruelty. Upon the trial it was agreed that the value of the entire real and personal prop*erty involved was then $35,486.23, including $8,200 inherited by the defendant from his mother’s estate. Upon that basis, the district court awarded to plaintiff personal property amounting to $9,224, consisting of a certificate of deposit, ten shares of bank stock, and $2,200 in money, payable in monthly installments of $100. A piano valued at $225, and some household goods valued at $175, were by agreement…

2Cases cited4 opinions

  1. Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
  2. Farwell v. FarwellMontana Supreme Court · 1913
  3. Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
  4. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1899

3Cited by11 opinions

  1. Bast v. BastMontana Supreme Court · 1923
  2. Stefonick v. StefonickMontana Supreme Court · 1946
  3. Boles v. BolesMontana Supreme Court · 1921
  4. Lewis v. LewisMontana Supreme Court · 1939
  5. Burns v. BurnsMontana Supreme Court · 1965

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