Rogers v. Rogers
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. R. N. Dunn, Judge. Action for divorce. Judgment for defendant. “A continuous course of fault-finding, threats, and other acts, intended to aggravate and annoy the other party to a marriage, though each act is trifling in itself, may cause such a degree of mental suffering as to constitute a ground for divorce, on the charge of extreme cruelty.” (Mosher v. Mosher, 16 N. D. 269, 125 Am.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. R. N. Dunn, Judge. Action for divorce. Judgment for defendant. “A continuous course of fault-finding, threats, and other acts, intended to aggravate and annoy the other party to a marriage, though each act is trifling in itself, may cause such a degree of mental suffering as to constitute a ground for divorce, on the charge of extreme cruelty.” (Mosher v. Mosher, 16 N. D. 269, 125 Am. St. 654, 113 N. W. 99, 12 L. R. A., N. S., 820.) The letters of appellant were statements of one of the parties and for…
1Opinion of the CourtRice, C. J.
Appellant commenced an action for divorce on the ground of extreme cruelty. Respondent denied specifically the acts of cruelty alleged in the complaint and filed a cross-complaint for divorce charging extreme cruelty on the part of appellant. The court decreed that appellant take nothing by his action and entered a decree of divorce for respondent and awarded to her the custody of her minor child.
The court committed no error in denying a divorce to appellant and in dismissing his action. There was no corroboration of appellant’s evidence of cruelty. Appellant contends that the testimony of…
2Cases cited10 opinions
- Donaldson v. DonaldsonIdaho Supreme Court · 1917
- Piatt v. PiattIdaho Supreme Court · 1919
- Miller v. ProutIdaho Supreme Court · 1921
- De Cloedt v. De CloedtIdaho Supreme Court · 1913
- Bell v. BellIdaho Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Blessing v. BlessingMissouri Court of Appeals · 1976
- Weed v. Idaho Copper Co.Idaho Supreme Court · 1932
- Graml v. GramlSupreme Court of Minnesota · 1931
- Berle v. BerleIdaho Supreme Court · 1976
- Martin v. SodenIdaho Supreme Court · 1959
3 more not listed; retrieve them via the Exa API.