Legal Opinion

Kane v. Kane

Montana Supreme Court

Decided May 15, 1917No. 3,767PublishedCited by 24 opinions

Appeal from District Court, Valley County; Frank N. Utter, Judge. Divorce Suit by Margaret A. Kane against Richard H. Kane. From an order denying a petition to modify the decree, defendant appeals. It is elementary that the action of the court, in cases of this nature, should be for the best interests of the child. (State bx rel. Giroux v. Giroux, 19 Mont. 149, 47 Pac. 798; Pearce v. Pearce, 30 Mont. 269, 76 Pae. 289; State ex rel. Nipp v. District Ct., 46 Mont. 425, Ann.

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Appeal from District Court, Valley County; Frank N. Utter, Judge. Divorce Suit by Margaret A. Kane against Richard H. Kane. From an order denying a petition to modify the decree, defendant appeals. It is elementary that the action of the court, in cases of this nature, should be for the best interests of the child. (State bx rel. Giroux v. Giroux, 19 Mont. 149, 47 Pac. 798; Pearce v. Pearce, 30 Mont. 269, 76 Pae. 289; State ex rel. Nipp v. District Ct., 46 Mont. 425, Ann. Cas. 1916B, 256, 128 Pac. 590; Brice v. Brice, 50 Mont. 388,147 Pac. 164; Grater v. Crater, 135 Cal. 633, 67 Pac. 1049;…

1Opinion of the CourtJustice Holloway

On April 10, 1915, Bichard H. Kane and Margaret Kane, his wife, entered into a separation agreement which, among other things, provided that the wife, in consideration of $1,500 paid to her, relinquished all claims against the husband and his property, and agreed to support, maintain and educate the minor child, the issue of the marriage, at her own proper expense and without further cost or expense to the father. On the same day the wife was awarded a decree of divorce on the ground of extreme cruelty, but no mention whatever was made of the child. The father undertook to visit the child,…

2Cases cited2 opinions

  1. State ex rel. Giroux v. GirouxMontana Supreme Court · 1897
  2. Brice v. BriceMontana Supreme Court · 1915

3Cited by24 opinions

  1. Jewett v. JewettMontana Supreme Court · 1925
  2. Barbour v. BarbourMontana Supreme Court · 1958
  3. Bast v. BastMontana Supreme Court · 1923
  4. In Re on Behalf of EnkeMontana Supreme Court · 1955
  5. Trudgen v. TrudgenMontana Supreme Court · 1958

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