Sanches v. Sanches, No. 5417
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before ROSE, C. J., and RAPER, THOMAS and ROONEY, JJ., and SAWYER; ROONEY; ROSE |
| Citation | 626 P.2d 61 |
| Parties | Dorothy M. SANCHES, Appellant (Plaintiff), v. William K. SANCHES, Appellee (Defendant). |
| Decision Date | 25 March 1981 |
| Docket Number | No. 5417 |
Page 61
v.
William K. SANCHES, Appellee (Defendant).
Duane Myres and Rod Sutherland, Legal Intern, Casper (argued), for appellant (plaintiff).
Neil J. Short, Casper (argued), for appellee (defendant).
Before ROSE, C. J., and RAPER, THOMAS and ROONEY, JJ., and SAWYER, District Judge.
ROONEY, Justice.
In a divorce action, the trial court held § 20-2-114, W.S.1977, to be unconstitutional pursuant to Orr v. Orr, 440 U.S. 268, 99 S.Ct. 1102, 59 L.Ed.2d 306 (1979), which held that the Alabama statutory scheme which imposed alimony on husbands but not wives violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Plaintiff-appellant (hereinafter referred to as wife) was therefore denied her request for alimony from defendant-appellee (hereinafter referred to as husband).
In her appeal, wife presents five related issues. One is whether or not the trial court committed reversible error in finding § 20-2-114, W.S.1977, unconstitutional. The other four issues are related to this issue, but we need not address them since we hold that § 20-2-114, W.S.1977, was intended by the legislature to be enacted in neuter gender and is therefore constitutional. Accordingly, we reverse and remand the case for consideration of wife's request for alimony.
Section 20-2-114, W.S.1977, reads:
"In granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired, and the burdens imposed upon the property for the benefit of either party and children. The court may decree to the wife reasonable alimony out of the estate of the other having regard for his ability and may order so much of his real estate or the rents and profits thereof as is necessary be assigned and set out to either party for life, or may decree a specific sum be paid by him." (Emphasis supplied.)
Page 62
The trial court read the words "(t)he court may decree to the wife reasonable alimony * * *" in their literal sense. It read these words and the words "his ability" and "his real estate" as directing an impermissible distinction based on gender. The trial court did not attach significance to the words "estate of the other" and to the words "be assigned and set out to either party" in this respect. It would seem, however, that the words "estate of the other" and "set out to either party" are not consistent with the gender significance attached by the trial court to the words "to the wife," "his ability" and "his real estate." Accordingly, the last sentence of § 20-2-114, W.S.1977, is ambiguous. It is ambiguous inasmuch as it is obscure in its meaning because of an indefinitive of expression or because a double meaning is present. It is capable of being understood in more ways than one. Hollabaugh v. Kolbet, Wyo., 604 P.2d 1359 (1980); Bulis v. Wells, Wyo., 565 P.2d 487 (1977); State ex rel. Albany County Weed and Pest District v. Board of County Commissioners of Albany County, Wyo., 592 P.2d 1154 (1979).
When a statute is ambiguous, the court will resort to rules of construction for the purpose of...
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...terms. 2 Cf. Halliburton Co. and Attletweedt v. State, 684 P.2d 812 (Wyo.1984), involving inconsistency, with Sanches v. Sanches, 626 P.2d 61 (Wyo.1981), involving One of the most decisive and thoughtful analyses was provided by District Judge Parker in Kelsey v. Taft, 72 Wyo. 210, 263 P.2d......
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Stamper v. State, No. 5713
...of County Commissioners of County of Campbell v. Ridenour, Wyo., 623 P.2d 1174, reh. denied 627 P.2d 163 (1981); Sanches v. Sanches, Wyo., 626 P.2d 61 (1981); State v. Sinclair Pipeline Company, Wyo., 605 P.2d 377 (1980). The statutory element is "armed with a dangerous weapon," not using o......
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Adoption No. 10087 in Circuit Court for Montgomery County, In re, No. 92
...present which makes the compact pari materia with the statutory law of adoption. Such intent is necessary. Sanches v. Sanches, Wyo., 626 P.2d 61 (1981). It is our view that the compact is applicable only to those engaged in the governmental or private service of placing children for See als......
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Parker Land and Cattle Co. v. Wyoming Game and Fish Com'n, No. 91-147
...(Blume, C.J.); Gale, 49 Wyo. at 393-94, 54 P.2d at 813-14; Rasmussen, 7 Wyo. at 136-48, 50 P. at 823-28; and Cf., Sanches v. Sanches, 626 P.2d 61, 62-63 (Wyo.1981) (resorting to the statute's legislative history to address an apparent ambiguity, the court discovered an inadvertent error in ......
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Allied-Signal, Inc. v. Wyoming State Bd. of Equalization, ALLIED-SIGNA
...terms. 2 Cf. Halliburton Co. and Attletweedt v. State, 684 P.2d 812 (Wyo.1984), involving inconsistency, with Sanches v. Sanches, 626 P.2d 61 (Wyo.1981), involving One of the most decisive and thoughtful analyses was provided by District Judge Parker in Kelsey v. Taft, 72 Wyo. 210, 263 P.2d......
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Stamper v. State, No. 5713
...of County Commissioners of County of Campbell v. Ridenour, Wyo., 623 P.2d 1174, reh. denied 627 P.2d 163 (1981); Sanches v. Sanches, Wyo., 626 P.2d 61 (1981); State v. Sinclair Pipeline Company, Wyo., 605 P.2d 377 (1980). The statutory element is "armed with a dangerous weapon," n......
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Adoption No. 10087 in Circuit Court for Montgomery County, In re, No. 92
...present which makes the compact pari materia with the statutory law of adoption. Such intent is necessary. Sanches v. Sanches, Wyo., 626 P.2d 61 (1981). It is our view that the compact is applicable only to those engaged in the governmental or private service of placing children for See als......
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Parker Land and Cattle Co. v. Wyoming Game and Fish Com'n, No. 91-147
...(Blume, C.J.); Gale, 49 Wyo. at 393-94, 54 P.2d at 813-14; Rasmussen, 7 Wyo. at 136-48, 50 P. at 823-28; and Cf., Sanches v. Sanches, 626 P.2d 61, 62-63 (Wyo.1981) (resorting to the statute's legislative history to address an apparent ambiguity, the court discovered an inadvertent error in ......