MISSOULA YWCA v. Bard

¶1 This action was commenced in the District Court for the Third Judicial District, Powell County, to collect attorney fees incurred by the now deceased Julia Marquis from her surviving husband, Allen Bard. The complaint alleged that the attorney fees were incurred for necessities of life, as defined by § 40-2-210, MCA. But the District Court concluded that the action was barred by our prior decision in In re Marriage of White (1985), 218 Mont. 343, 708 P.2d 267. The court thus dismissed the action pursuant to Rule 12(b)(6), M.R.Civ.P, for failure to state a claim upon which relief can be…