(DOWNLOAD) "Herrin v. Herrin" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Herrin v. Herrin
- Author : Supreme Court of Montana
- Release Date : January 11, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Divorce ? Agreement of Parties for Property Settlement ? Provision for Separation and Divorce ? Public Policy ? When Agreement Separable Upholding Property Settlement ? Revocation of Separation Agreement ? When Premature as Showing Desertion on Part of Wife ? Judgment Granting Separate Maintenance ? Ability of Husband to Pay ? Insufficiency of Evidence. Residence ? Change of Residence ? Essentials. 1. A change of residence is only made by the act of removal joined with the intent to remain in another place; a residence cannot be lost until another is gained. Divorce ? When Finding That Parties Intended to Establish Residence in Another State Erroneous. 2. Where both plaintiff and defendant in a divorce suit, who had removed to California but returned to Montana some four or five years later, testified at the trial that they never intended to abandon their legal residence in Montana, a finding of the trial court that their removal was with the intention of making their permanent residence in California was error. Same ? Agreement to Make Property Settlement and Providing for Divorce Void ? When Agreement Separable and Portion Relating to Property Settlement Binding upon Parties. 3. While an agreement between husband and wife making a property settlement and providing for separation and divorce is void on the ground of public policy, equity will, in a subsequent suit for - Page 470 divorce by the husband, hold the agreement separable and will not permit him to profit by its provisions and then avoid its objectionable parts by invoking the rule, but will hold the part relating to divorce void, and the part referring to the property settlement binding upon both parties. Evidence ? Objections ? Court Reserving Ruling ? Duty of Court and Counsel. 4. Where during the course of trial objections to the introduction of evidence are made on which the court reserves its rulings, it is the duty of both court and counsel to see that rulings thereon are made before termination of the hearing. Divorce ? Revocation of Agreement to Separate by Letter ? When Ineffectual. 5. Where a separation of husband and wife was made by mutual consent, alleged revocation of the agreement by the husband by means of a letter held of no avail as evidence of desertion on the part of the wife, the time elapsing between the writing of the letter and the commencement of his action for divorce having been insufficient. Same ? Judgment for Defendant Wife Granting Maintenance ? Evidence Showing Plaintiffs Ability to Pay Held Insufficient. 6. Evidence in a divorce proceeding wherein the court denied plaintiff husband a divorce and granted defendant separate maintenance showing what means plaintiff possessed some five years before the suit was brought but not what his financial condition was at the time of the trial nor what his earning capacity was, held insufficient to support the judgment, imposition of an obligation to pay maintenance being to no purpose in the absence of a showing of ability to pay.
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