Hadley v. Rash
Montana Supreme Court
Appeal from District Court, Missoula County/ F. II. Woody, Judge. Action by Elizabeth Hadley against Manuel Rash and others to establish her claim as widow of Daniel Rash, deceased. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Missoula County/ F. II. Woody, Judge. Action by Elizabeth Hadley against Manuel Rash and others to establish her claim as widow of Daniel Rash, deceased. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action brought by plaintiff for a decree adj udging her to be the surviving widow, and as such entitled to share in the distribution of the estate, of Daniel Rash, who died intestate in Missoula county upon the 14th day of March, 1895. The record shows the findings of fact to be substantially…
1Opinion of the CourtPemberton, C. J.
Counsel for appellant contend the decree of the court adjudging respondent Berthena C. Rash to be the legal surviving widow of the deceased, Daniel Rash, and as such widow entitled to share in the distribution of his estate, is not supported by the evidence, and is contrary to law. It is argued that this decree is based upon the legal presumption that at some time and place a divorce had been granted, by some court of competent jurisdiction, dissolving the marriage relation entered into between the appellant and Daniel Rash in Iowa in the year 1858. There is no evidence of such divorce.…
2Cases cited6 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Carroll v. CarrollTexas Supreme Court · 1858
- Teter v. TeterIndiana Supreme Court · 1885
- Johnson v. JohnsonIllinois Supreme Court · 1885
- Erwin v. EnglishSupreme Court of Connecticut · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Pittinger v. PittingerSupreme Court of Colorado · 1901
- Chancey v. WhinnerySupreme Court of Oklahoma · 1915
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Maier v. BrockSupreme Court of Missouri · 1909
- Haile v. HaleSupreme Court of Oklahoma · 1913
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