(Download) "Huffine v. Lincoln Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free

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Title: Huffine v. Lincoln Et Al.
Author : Supreme Court of Montana
Release Date : January 16, 1930
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

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1. Divorce â€” Extreme cruelty question of fact. Whether the defending spouse has been guilty of extreme cruelty is a question of fact to be determined from all the testimony presented. 2. Divorce â€” Burden of proof. The complainant in a suit for divorce for extreme cruelty has the burden to show that the effect of defendants course of conduct is such as to create extreme cruelty within the contemplation of the statute. 3. Divorce â€” Conflicting evidence, duty of Supreme Court. Where the evidence is conflicting it is the duty of the Supreme Court to merely ascertain whether there is any substantial evidence to support the findings and conclusions of the trial court and if so the findings and conclusions must be sustained. 4. Husband and wife â€” Evidence of desertion held sufficient. Evidence of the husbands desertion of the wife was sufficient to authorize a decree for separate maintenance of the wife as against the defense that the wife was guilty of desertion because she was not living with the husband at the place selected by him. 5. Divorce â€” Implied finding. The trial courts affirmative finding that the husband was not entitled to a divorce for mental cruelty coupled with the award of a decree of separate maintenance to the wife on the ground of the husbands desertion implied a finding in support of the decree that the husbands departure from the wife was not occasioned by the wifes cruelty and thereby constituted desertion on his part. 6. Divorce â€” Presumption when no findings are made or requested. In a divorce action, where no findings are made and none are requested, it is presumed that the court found in favor of the prevailing party upon every issue necessary to support the judgment and where the court has made findings which are deficient but defects are not pointed out, presumption is indulged that the court found upon other facts in issue sufficient, by supplementing the facts found, consistent therewith, to sustain the judgment. 7. Husband and wife â€” Judgment of separate maintenance, effect of. A judgment of separate maintenance does not alter the marital status except to give legal sanction to the wifes living apart from her husband, and it cannot validly effect a division of the property, determine property rights, or change the course of inheritance. 8. Husband and wife â€” Purpose and form of separate maintenance decree. In a proceeding for separate maintenance, the support of the wife and minor children during the separation period is the purpose of the action, and maintenance should be decreed in the form of periodical allowances which may be changed or discontinued by the court as circumstances may require. 9. Husband and wife â€” Separate maintenance â€” Error to decree lump sum to relieve of future obligation. In a separate maintenance action, a lump-sum award of alimony and the courts attempt to divest itself of further jurisdiction by providing in the decree that upon the payment of such lump sum Page 541 the husband would be relieved of the future obligation to support the wife were error.