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eBook details

• Title: Argenbright v. Argenbright
• Author : Supreme Court of Montana
• Release Date : January 27, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Divorce ? Extreme Cruelty ? Insufficiency of Evidence ? Burden of Proof ? Findings of Trial Court ? When Conclusive on Appeal. Divorce ? Extreme Cruelty ? When Evidence Insufficient to Establish Charge. 1. In a divorce proceeding by the wife charging the husband with extreme cruelty as defined by the statute, the question as to the latters guilt is purely one of fact to be determined from all the testimony, and if the acts of cruelty are of such a nature as to destroy the peace of mind and happiness of plaintiff, or to defeat entirely the purpose and legitimate objects of marriage, the decree in favor of plaintiff will not be disturbed on appeal; but where the evidence shows little more than incompatibility (not made a ground for divorce in Montana), and not resulting in ill effects on the health of the wife, the evidence is insufficient to warrant a decree in her favor. Same ? Conflict in Evidence ? Finding of District Court Conclusive on Appeal. 2. Where the evidence in a divorce proceeding furnishes reasonable grounds for different conclusions, the findings of the trial court will not be disturbed on appeal. Same ? Extreme Cruelty ? Burden on Plaintiff to Establish Charge. 3. The burden of showing that the husband, charged with extreme cruelty, was guilty of acts condemned by section 5738, Revised Codes, defining extreme cruelty, and brought about the condition condemned by that section, was upon plaintiff, and before a decree in her favor is warranted, the evidence should be clear and convincing that defendants acts resulted in such condition. Same ? What Insufficient to Establish Extreme Cruelty. 4. Evidence of plaintiff wife in a divorce proceeding based on extreme cruelty, showing that the chief causes for marital disturbances were the disparity of ages of the parties, the husband being twenty years older than the wife, the desire on the part of the wife for emotional outlet at social gatherings attended by people of her age, the lack of desire on the part of defendant to accompany her, etc., held insufficient to warrant a decree in plaintiffs favor.

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