Beckstead v. Beckstead, 5598

CourtUnited States State Supreme Court of Idaho
Writing for the CourtGIVENS, J.
Citation299 P. 339,50 Idaho 556
Decision Date21 April 1931
Docket Number5598
PartiesLELA H. BECKSTEAD, Appellant, v. SYDNEY M. BECKSTEAD, Respondent

299 P. 339

50 Idaho 556

LELA H. BECKSTEAD, Appellant,
v.

SYDNEY M. BECKSTEAD, Respondent

No. 5598

Supreme Court of Idaho

April 21, 1931


DIVORCE-EXTREME CRUELTY-FINDINGS OF FACT-PROPERTY, DISPOSITION OF.

1. Allegations and findings in divorce action, in respect to conduct causing great annoyance, pain and anguish, were sufficient.

2. Award of $8,100 out of community property of net value of about $22,000 to wife on granting divorce to husband was sufficient (C. S., sec. 4650).

3. Court awarding wife share of community property after divorce erroneously provided for payment thereof in monthly instalments (C. S., secs. 4650, 4652).

APPEAL from the District Court of the Fifth Judicial District, for Franklin County. Hon. Jay L. Downing, Judge.

Action for divorce. Judgment for defendant and cross-complainant. Modified.

Judgment affirmed. Petition for rehearing denied.

P. J. Evans and Merrill & Merrill, for Appellant.

Where a cross-complaint for divorce alleges that the plaintiff had treated the cross-complainant in an extremely cruel and inhuman manner, in order for said cross-complaint to state a cause of action it must be also alleged that the specific acts alleged in said cross-complaint caused the cross-complainant grievous bodily injury or grievous mental suffering. (Maloof v. Maloof, 175 Cal. 571, 166 P. 330; Smith v. Smith, 124 Cal. 651, 57 P. 573; Fleming v. Fleming, 95 Cal. 430, 29 Am. St. 124, 30 P. 566.)

Peterson, Baum & Clark, for Respondent.

No definite rule as to degree of corroboration (in divorce cases) can be laid down and each case must be decided according to its own facts and circumstances. (Donaldson v. Donaldson, 31 Idaho 180, 170 P. 94; Bell v. Bell, 15 Idaho 9, 96 P. 196; Reubelmann v. Reubelmann, 38 Idaho 159, 220 P. 404.)

GIVENS, J. Budge, Varian and McNaughton, JJ., concur.

OPINION [299 P. 340]

[50 Idaho 557] GIVENS, J.

Appellant sued respondent for divorce on the grounds of cruelty and nonsupport, and for one-half the community property. Respondent cross-complained, asked for a divorce on the grounds of extreme cruelty and desertion, custody of a minor child, and for a division of the community property.

The court granted respondent a divorce on the first ground assigned, gave him custody of the minor, and as a division of the community property ordered respondent to pay appellant $ 50 per month until $ 8,100 had been paid, or for thirteen years, six months, decreeing that if appellant died before the entire amount had been paid, the balance due should become part of her estate, subject to her testamentary disposition but that she might not assign her rights to the payments, and if respondent died before the full amount had been paid, the balance should be a charge on his estate.

The evidence though conflicting, is sufficiently corroborated to justify the granting of the divorce to respondent. (Donaldson v. Donaldson, 31 Idaho 180, 170 P. 94.)

Appellant further urges that the complaint and findings, not charging and finding that the acts complained [50 Idaho 558] of inflicted "grievous bodily injury" or "grievous mental suffering," are insufficient.

The cross-complaint alleged:

". . . . plaintiff has treated the defendant and cross-complainant in a cruel inhuman manner and in particular as follows,

". . . . has constantly since said time, without cause or excuse nagged, scolded, harassed and abused this cross-complainant to the extent and so constantly and uninterruptedly that life has become and has been during all of said time unbearable."

The court did not find that the acts alleged constituted "grievous bodily injury" or "grievous mental suffering," but did find that the particular acts alleged were true, and

". . . . that by reason of such conduct and treatment by the said plaintiff, the defendant has been caused great annoyance, pain and anguish."

These allegations and findings were sufficient. As said in Donaldson v. Donaldson, supra, at page 185 of the Idaho Reports, and page 95 of the Pacific Reporter:

"In order to support the judgment the inference may be drawn fairly from the findings that the acts found by the trial court to have been committed by the appellant caused the respondent to undergo grievous mental suffering."

Appellant attacks the property award as not...

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5 practice notes
  • Fischer v. Fischer, No. 10053
    • United States
    • Idaho Supreme Court
    • July 1, 1968
    ...Idaho 420, 422 P.2d 618 (1967); Veach v. Veach, 87 Idaho 237, 392 P.2d 425 (1964); Hiltbrand v. Hiltbrand, supra; Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339 (1931); Donaldson v. Donaldson, 31 Idaho 180, 170 P. 94 (1971). (3) Repetition of an act of cruelty, which has been condoned, nu......
  • Aker v. Aker, 5896
    • United States
    • United States State Supreme Court of Idaho
    • February 15, 1933
    ...31 Idaho 180, 170 P. 94; Carter v. Carter, 39 Idaho 798, 130 P. 768; Smiley v. Smiley, 46 Idaho 588, 269 P. 589; Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339.) GIVENS, J. Budge, C. J., Holden, J., Babcock, D. J., and Rice, D. J., concur. OPINION [20 P.2d 797] [52 Idaho 716] GIVENS, J. I......
  • Clark v. Clark, 6414
    • United States
    • United States State Supreme Court of Idaho
    • June 24, 1937
    ...other evidence to determine whether evidence as a whole entitled appellant to a divorce. (Sec. 31-605, I. C. A.; Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339; Habeck v. Habeck, 51 S.D. 455, 214 N.W. 846.) Paris Martin, Jr., and P. B. Carter, for Respondent. Findings and conclusions of t......
  • Jackson v. Jackson, No. 9388
    • United States
    • United States State Supreme Court of Idaho
    • June 12, 1964
    ...property. However, in this state the two are separate and distinct. I.C. § 32-706 and I.C. § 32-712. See also Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339 (1931). The right of appellant to her share of the community assets arises from her equal rights in the property of the community. S......
  • Request a trial to view additional results
5 cases
  • Fischer v. Fischer, No. 10053
    • United States
    • Idaho Supreme Court
    • July 1, 1968
    ...Idaho 420, 422 P.2d 618 (1967); Veach v. Veach, 87 Idaho 237, 392 P.2d 425 (1964); Hiltbrand v. Hiltbrand, supra; Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339 (1931); Donaldson v. Donaldson, 31 Idaho 180, 170 P. 94 (1971). (3) Repetition of an act of cruelty, which has been condoned, nu......
  • Aker v. Aker, 5896
    • United States
    • United States State Supreme Court of Idaho
    • February 15, 1933
    ...31 Idaho 180, 170 P. 94; Carter v. Carter, 39 Idaho 798, 130 P. 768; Smiley v. Smiley, 46 Idaho 588, 269 P. 589; Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339.) GIVENS, J. Budge, C. J., Holden, J., Babcock, D. J., and Rice, D. J., concur. OPINION [20 P.2d 797] [52 Idaho 716] GIVENS, J. I......
  • Clark v. Clark, 6414
    • United States
    • United States State Supreme Court of Idaho
    • June 24, 1937
    ...other evidence to determine whether evidence as a whole entitled appellant to a divorce. (Sec. 31-605, I. C. A.; Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339; Habeck v. Habeck, 51 S.D. 455, 214 N.W. 846.) Paris Martin, Jr., and P. B. Carter, for Respondent. Findings and conclusions of t......
  • Jackson v. Jackson, No. 9388
    • United States
    • United States State Supreme Court of Idaho
    • June 12, 1964
    ...property. However, in this state the two are separate and distinct. I.C. § 32-706 and I.C. § 32-712. See also Beckstead v. Beckstead, 50 Idaho 556, 299 P. 339 (1931). The right of appellant to her share of the community assets arises from her equal rights in the property of the community. S......
  • Request a trial to view additional results

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