Farwell v. Farwell
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Frank E. Farwell against Mabel Farwell for divorce. Judgment for plaintiff. Defendant appeals from the judgment and from an order denying her a new trial. An action for divorce is an equitable action, and for that reason the complaining party seeking relief must come into court with a “clear conscience and clean hands.”
Read the full summary
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Frank E. Farwell against Mabel Farwell for divorce. Judgment for plaintiff. Defendant appeals from the judgment and from an order denying her a new trial. An action for divorce is an equitable action, and for that reason the complaining party seeking relief must come into court with a “clear conscience and clean hands.” The following authorities quoted hold that in case the complaining party is guilty of any offense, a ground for divorce is a recriminative act, and the court should not grant relief: “Divorce is…
1Opinion of the CourtJustice Holloway
This action was brought to obtain a decree of divorce on the ground of adultery, and for the custody of the minor child, the issue of the marriage. The defendant answered; denied the allegations of the complaint and set forth affirmatively charges against the plaintiff of extreme cruelty, willful neglect, desertion and adultery, and asked for a decree of separate mainte*578nance and for the custody of the child. The affirmative allegations were put in issue by reply. The trial was had to the court without a jury and resulted in a judgment in favor of the plaintiff. From that judgment and from an…
2Cases cited9 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Robbins v. RobbinsMassachusetts Supreme Judicial Court · 1886
- Wilson v. WilsonMassachusetts Supreme Judicial Court · 1891
- Puth v. ZimblemanSupreme Court of Iowa · 1896
- Luper v. LuperOregon Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gay v. Lavina State BankMontana Supreme Court · 1921
- Benson v. BensonDistrict Court of Appeal of Florida · 1958
- Trudgen v. TrudgenMontana Supreme Court · 1958
- Williams v. WilliamsMontana Supreme Court · 1929
- Wolz v. WolzMontana Supreme Court · 1940
6 more not listed; retrieve them via the Exa API.