Legal Opinion · Dissent

Boyle v. Boyle

North Dakota Supreme Court

Decided March 18, 1910Published

Appeal from District Court. Action by Mary Elizabeth Boyle against John Boyle. Judgment for defendant, and both parties appeal.

1DissentEllsworth, J.

I am unable to agree either in the reasoning or the result of the foregoing opinion. I believe that the reasoning of my associates proceeds upon an erroneous view, if not an entire misapprehension, of the purpose for which temporary alimony is allowed by our statute; and that the result announced presents an instance in which a rule of practice well settled, and generally salutary in its application to a proper case, is in this case so misapplied as to be productive of great hardship, and possibly grave injustice. Under our law there is a wide and radical difference both in the purpose and…

2Cases cited14 opinions

  1. Sharon v. SharonCalifornia Supreme Court · 1888
  2. State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
  3. Storke v. StorkeCalifornia Supreme Court · 1901
  4. In re Estate of RowlandCalifornia Supreme Court · 1888
  5. Williams v. WilliamsNorth Dakota Supreme Court · 1896

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