Bissell v. Bissell - Supreme Court of Montana

Bissell v. Bissell

By Supreme Court of Montana

  • Release Date - Published: 1955-05-27
  • Book Genre: Law
  • Author: Supreme Court of Montana
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Bissell v. Bissell Supreme Court of Montana read online review & book description:

DIVORCE ? Evidence sufficient to support mental cruelty and property settlement ? Expenses of Suit not Award of Support ? APPEAL AND ERROR ? Failure to Request Findings, effect of. 1. Divorce ? Evidence sufficient to show mental cruelty. In divorce action by husband, evidence was sufficient to support trial courts finding that wife was guilty of inflicting mental grievous suffering upon husband, which justly was of nature to destroy husbands peace of mind and render continuance of martial relations between parties intolerable to husband. 2. Divorce ? Evidence sufficient to support finding of property settlement. Evidence was sufficient to support trial courts finding that there had been previous property settlement between parties and that wife was able and competent to support herself. 3. Divorce ? Award for expense of suit in no sense award of support. In action by husband for divorce, award by trial court of $1,250 to defendant wife as compensation for her expenses in maintenance - Page 188 of divorce and in moving from California to Ohio and which was in no sense award of support, was not erroneous. 4. Divorce ? Evidence supported finding that wife was offender. Evidence was sufficient to support trial courts findings that wife and not husband was offender. 5. Divorce ? Failure to request findings, effect of. In divorce action by husband, finding of trial court which allegedly implied basis for recrimination as ground for denial of divorce, was not error requiring reversal, where it failed to appear that defendant wife had made any request for any findings in trial court or that she then took any exceptions to any finding made.

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