Legal Opinion

Franklin v. Franklin

Montana Supreme Court

Decided January 20, 1910No. 2,809PublishedCited by 17 opinions

Appeal from District Court, Custer County; Sydney Sanner, Judge. Action for divoree by Mary Franklin against Fred J. Franklin. From a judgment of dismissal, plaintiff appeals. Cause submitted on brief of appellant.

1Opinion of the CourtChief Justice Brantly

Action for a decree dissolving the bonds of matrimony between plaintiff and defendant. The complaint was filed on May 28, 1909. The cause of action stated is that defendant was, on May 26, 1906, by a judgment of the district court of Dawson county, duly convicted of a felony, to-wit, forgery, and sentenced to a term of years in the state prison, where he is undergoing his punishment. The defendant, having been duly and regularly served with process, suffered default. "When the plaintiff offered evidence to establish her cause of action, the court, upon inspection of the complaint, concluded…

2Cases cited5 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1905
  2. Deyoe v. Superior CourtCalifornia Supreme Court · 1903
  3. Dennis v. DennisSupreme Court of Connecticut · 1896
  4. Dutcher v. DutcherWisconsin Supreme Court · 1876
  5. Rumping v. RumpingMontana Supreme Court · 1907

3Cited by17 opinions

  1. Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
  2. Barbour v. BarbourMontana Supreme Court · 1958
  3. Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
  4. Trudgen v. TrudgenMontana Supreme Court · 1958
  5. Crenshaw v. CrenshawMontana Supreme Court · 1947

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