Brice v. Brice
Montana Supreme Court
Appeal from District Court, Ravalli County; R. Lee McCul-loch, Judge. From an order modifying a decree of divorce in a suit by J. Theo. Brice against Ethel O. Brice, the plaintiff appeals. The rule governing a proceeding of this nature is said to be the same as governs in proceedings to modify a decree awarding alimony or maintenance money to the wife.
Read the full summary
Appeal from District Court, Ravalli County; R. Lee McCul-loch, Judge. From an order modifying a decree of divorce in a suit by J. Theo. Brice against Ethel O. Brice, the plaintiff appeals. The rule governing a proceeding of this nature is said to be the same as governs in proceedings to modify a decree awarding alimony or maintenance money to the wife. (14 Cye. 813; Ex parte Gordan, 95 Cal. 374, 30 Pac. 561.) The procedure must be the same, as the power of court to change an award in either instance is conferred by the same section of the Code. (Sec. 3679, Rev. Codes.) There are three…
1Opinion of the CourtChief Justice Brantly
On December 20, 1904, the plaintiff brought his action against the defendant for a divorce on the ground of desertion. The defendant filed her counterclaim for divorce, alleging willful desertion and neglect by the plaintiff. On April 10, 1905, the defendant was granted a decree. It awarded to the defendant the custody of her two children, the fruits of the marriage, a *392son, Julian, and a daughter, Lilah, aged, respectively, twelve and six years, and provided that the plaintiff should thereafter pay to the clerk annually, to be expended for their maintenance, the sum of $150 or $75 for each,…
2Cases cited8 opinions
- Ex parte SpencerCalifornia Supreme Court · 1890
- Buckminster v. BuckminsterSupreme Court of Vermont · 1865
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Newell v. WhitwellMontana Supreme Court · 1895
- Bauman v. BaumanSupreme Court of Arkansas · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State Ex Rel. Lay v. District Court, Fourth Judicial DistrictMontana Supreme Court · 1948
- Jewett v. JewettMontana Supreme Court · 1925
- Kane v. KaneMontana Supreme Court · 1917
- Keyes v. KeyesIdaho Supreme Court · 1932
- State Ex Rel. Floch v. District CourtMontana Supreme Court · 1938
14 more not listed; retrieve them via the Exa API.