Reports of Cases Argued and Determined in the Supreme Court of the State of Montana (Volume 59) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1921 Excerpt: ... Guardians. Estates of Insane Persons--Claims--Actions--Parties. 1. To recover money advanced to the wife of an incompetent for the purpose of paying an approved claim against his estate and thus to prevent the sale of land belonging to it, plaintiff's action lay against the wife and not against the guardian, in the absence of a showing that the guardian had requested plaintiff to assume the debt for the benefit of the estate generally.--Pritchard v. Hannah, 298. HEARSAY. See Evidence, 21. HOMICIDE. See Criminal Law, 38-40. HUSBAND AND WIFE. Bight of widow to nominate administrator of husband's estate, --see Estates of Deceased Persons, 8-11. Divorce--Alimony--How Determined. 1. In awarding alimony upon final decree of divorce, the amount which the wife should receive is not a certain proportion of the husband's estate, but is to be determined by the equities of the case and the financial condition of the parties.--Cummins v. Cummins, 225. Same--Alimony--Discretion. 2. Where the court in a divorce proceeding awarded the wife practically all the estate of the husband readily convertible into cash to the amount of about $9,000, leaving to him property consisting of a ranch and real estate, some of which was unproductive, valued at $26,000, the decree held not open to the objection that the court had not fairly and reasonably exercised its discretion because of its re-fusal to increase the amount so as to make the award equal one-third of the husband's estate.--Cummins v. Cummins, 225. IDENTITY. Of person charged with prior conviction, --see Criminal Law, 26, 27. INDEBTEDNESS. State, --see Statutes and Statutory Construction, 2-17; Constitution, 9,10. INDIAN LANDS. See Public Lands. INFORMATIONS. Amendment to conform to proof, --see Criminal Law, 33. Counts--Electi...