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eBook details

• Title: Bickford v. Bickford
• Author : Supreme Court of Montana
• Release Date : January 18, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Divorce ? Extreme Cruelty ? Complaint ? Sufficiency ? Defense of Condonation ? Revocation of Forgiveness ? Evidence ? Admissibility ? Findings ? When Conclusive on Appeal ? Trial ? Exclusion of Witness ? Apparent Disregard of Order ? When Excusable. Divorce ? Complaint ? Extreme Cruelty ? When Pleading Sufficient. 1. A complaint in an action for divorce drawn under the clause of section 5738, Revised Codes 1921, as amended by Chapter 22, Laws of 1931, defining "extreme cruelty" as the infliction of grievous mental suffering caused by conduct of the defendant therein described, is sufficient if the acts of cruelty destroy the peace of mind and happiness of the plaintiff. Same ? Sufficiency of Complaint ? Case at Bar. 2. Under the above rule held, that the complaint of plaintiff husband that defendant wife was guilty of extreme cruelty by a - Page 315 course of conduct which destroyed his peace of mind and happiness in that she on numerous occasions directed vile and abusive epithets toward him, tried to shoot him, struck him with a gun, etc., stated a cause of action. Same ? Defense of Condonation ? Revocation of Condonation ? Evidence ? Admissibility. 3. Where, in an action for divorce, defendant wife interposed the defense of condonation and a resumption of marital relations, but the record disclosed much quarreling and other acts of conjugal unkindness thereafter, sufficient to show that the conditions of condonation were not accepted by her in good faith nor fulfilled, it was revoked under section 5759, Revised Codes 1921, and the court did not err in admitting evidence of acts of cruelty committed prior to the date of the alleged condonation. Same ? Trial ? Exclusion of Witnesses ? Apparent Noncompliance With Order ? When Excusable. 4. Where the rule of exclusion of witnesses during the trial of a divorce suit was invoked, but plaintiff on rebuttal called a spectator as a witness, the court properly permitted him to testify on explanation of counsel that until after defendant had testified they were not advised of the necessity of calling him, and that then at their request he left the courtroom. Same ? Findings ? When not to be Disturbed on Appeal. 5. In an equity case (divorce suit), in which the evidence, in sharp conflict, was substantial in support of the courts findings, its judgment will not be reversed unless the evidence clearly preponderates against them, nor when, fully considered, it furnishes reasonable grounds for different conclusions. Trial by Court Without Jury ? Erroneous Admission of Testimony ? Presumption. 6. On appeal in a case tried by the court without a jury, the presumption is that if evidence was erroneously admitted, the trial court in making its findings disregarded it.

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