State ex rel. Wooten v. District Court
Montana Supreme Court
Original application for Writ of Prohibition on the relation of Charles F. Wooten, against the District Court of Silver Bow County and Joseph R. Jackson, a judge thereof. The district court had jurisdiction to award temporary alimony, suit money and attorneys’ fees in the annulment action.
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Original application for Writ of Prohibition on the relation of Charles F. Wooten, against the District Court of Silver Bow County and Joseph R. Jackson, a judge thereof. The district court had jurisdiction to award temporary alimony, suit money and attorneys’ fees in the annulment action. (See Dunphy v. Dunphy, 161 Cal. 92, 118 Pac. 445; Higgins v. Sharp, 164 N. Y. 8, 58 N. E. 10; Hunt v. Hunt, 23 Okl. 490, 22 L. R. A. (n. s.) 1202, 100 Pac. 541; 26 Cyc. 918; 1 R. C. L. 905, sec. 52; Ricard v. Ricard, 143 Iowa, 182, 136 Am. St. Rep. 762, 20 Ann. Cas. 1346, 26 L. R. A. (n. s.) 500, 121 N. W.…
1Opinion of the CourtJustice Matthews
Relator brought action in the district court of Silver Bow county for the annulment of his marriage under section 3636, Revised Codes, on the grounds that: (a) His consent was obtained by the fraud of the defendant; and (b) that the defendant was physically incapable of entering into the marriage relation. Having denied generally the allegations of fraud and incapacity, the defendant applied for and was allowed alimony pendente Ute, attorney’s fees and suit money, and from the order relator appealed; whereupon defendant made application for and was allowed further alimony, suit money, and…
2Cases cited21 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Galland v. GallandCalifornia Supreme Court · 1869
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Higgins v. . SharpNew York Court of Appeals · 1900
- Hunt v. HuntSupreme Court of Oklahoma · 1909
16 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Portwood v. PortwoodCourt of Appeals of Texas · 1937
- McGhee v. McGheeIdaho Supreme Court · 1960
- McDonald v. McDonaldMontana Supreme Court · 1950
- State Ex Rel. Ellan v. District CourtMontana Supreme Court · 1934
- duPont v. duPontSupreme Court of Delaware · 1952
26 more not listed; retrieve them via the Exa API.