Williams v. Williams

• Decision Date: 11 July 1929
• Docket Number: 6470.
• Citation: 278 P. 1009,85 Mont. 446
• Parties: WILLIAMS v. WILLIAMS.
• Court: Montana Supreme Court

278 P. 1009

85 Mont. 446

WILLIAMS v. WILLIAMS.

No. 6470.

Supreme Court of Montana

July 11, 1929

Appeal from District Court, Wheatland County; Edgar J. Baker, Judge.

Action by Frieda Williams against Charles F. Williams, who filed a cross-complaint. From a judgment dismissing the complaint and granting defendant a divorce, plaintiff appeals. Affirmed.

L. R Daems, of Harlowton, for appellant.

Brown & Jones, of Billings, and W. C. Husband, of Harlowton, for respondent.

GALEN J.

This action was instituted by the plaintiff against the defendant to secure a decree of separate maintenance on the grounds of wilful neglect, extreme cruelty, and desertion. The defendant filed an answer denying all the material allegations of plaintiff's complaint, and together therewith a cross-complaint asking a divorce absolute by reason of the plaintiff's extreme cruelty to the defendant persisted in and continued for more than one year, causing the defendant such grievous mental suffering as to entirely destroy the legitimate objects of marriage. Upon issue joined by replication filed by the plaintiff, the cause was tried to the court without a jury on May 17, 1928. After the conclusion of all of the evidence introduced by both parties the court, on September 10, 1928, made findings of fact and conclusions of law in favor of the defendant and against the plaintiff, upon which judgment was thereupon duly entered adjudging that the plaintiff's complaint be dismissed and that the bonds of matrimony existing between the parties be dissolved by reason of the fault of the plaintiff, from which judgment the plaintiff has appealed.

Plaintiff's several assignments of error present but one question necessary to be considered in disposition of this appeal viz.: Is the evidence sufficient to sustain the findings and judgment?

It appears that the plaintiff and defendant were married at Lewistown, Montana, on the first day of June, 1921. The defendant had never before been married, but the plaintiff at the time had been a widow for about a year. Her first husband, a Mr. Olsen, died leaving no estate. There are no children. The defendant is an industrious and successful rancher and stock-raiser, and is possessed of considerable property, though, like many men in his business on a large scale, is not free from debt. Domestic troubles in the family commenced in the summer of 1924 and continued until the plaintiff left the defendant's habitation on February 2, 1927. This action was by the plaintiff instituted on June 28, 1927. At the time of the trial the plaintiff was 38 years of age, and the defendant 52.

The allegations of the plaintiff's complaint set forth in separate counts are not sustained by the evidence, although as to the charge of extreme cruelty there is conflict in the testimony. The district court found that the allegations of plaintiff's complaint are not supported by the evidence and that they are not true; that the defendant was fully justified in refusing to cohabit with the plaintiff by reason of her misconduct, and ordered that her complaint be dismissed. As to the averments of extreme cruelty made the basis of the defendant's cross-complaint, the court found them to be established by the evidence. We have carefully reviewed all of the testimony and find that the fact findings are amply supported by competent evidence, with no proof sufficient to establish condonation. No useful purpose will be subserved by setting forth the court's findings at length, or by a review of the evidence. Suffice it to say that extreme cruelty on the part of the plaintiff towards the defendant was by the court found, and conclusively established by the evidence; and with propriety it may be observed that the testimony is such as to...