Legal Opinion · Dissent

Detert v. Detert

Montana Supreme Court

Decided October 22, 1943No. 8412Published

1DissentJustice Adair

It is my judgment that under our statutes (1) the cross-complaint of the defendant wife fails to state sufficient facts to constitute a cause of aetion for divorce, and (2) that the evidence introduced is wholly insufficient to sustain a decree and lump sum awarded in her favor.

A few additional facts from the record may prove helpful here. The defendant Mary Detert formerly lived in Oklahoma from whence she came to Montana in 1937. She acquired and operated a small cafe in St. Ignatius where she met the plaintiff Otto Detert. After an acquaintance of a couple of weeks they were married. She…

2Cases cited20 opinions

  1. Morton v. MooneyMontana Supreme Court · 1934
  2. Mercer v. StateSupreme Court of Florida · 1898
  3. Goodrum v. StateSupreme Court of Georgia · 1878
  4. Brennan v. JonesMontana Supreme Court · 1936
  5. Smith v. SmithMontana Supreme Court · 1921

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