(DOWNLOAD) "Wandel v. Wandel" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wandel v. Wandel
- Author : Supreme Court of Montana
- Release Date : January 15, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Divorce ? Alimony ? Discretion ? Pleadings ? Amendment ? Evidence ? Preponderance may be Established, How. Pleadings ? Amendment ? When Granting of Leave not Abuse of Discretion. 1. An application for leave to amend a pleading is addressed to the sound legal discretion of the trial court, the order allowing it being subject to review only upon a showing of abuse of that discretion; and where an amendment to an answer in a divorce proceeding was permitted fifteen days prior to trial and plaintiff did not apply for a continuance under a claim of surprise, he was in no position to urge abuse of discretion. Same ? Amendment ? Refusal to Impose Terms ? When not Abuse of Discretion. 2. Section 9187, Revised Codes of 1921, providing that the trial court may allow an amendment of any pleading upon such terms as may be just, does not under all circumstances require the imposition of terms as a condition to granting leave, the matter being left to the discretion of the court; and where it does not appear that the application to amend was untimely, or that the adversary of the applicant was placed at any disadvantage or incurred any expense by reason of the amendment having been allowed, the action of the court granting leave without imposing terms will not be held an abuse of discretion. Trial ? Evidence ? Preponderance may be Established by Testimony of Single Witness, When. 3. A preponderance of the evidence may be established by the testimony of one witness as against the testimony of a greater - Page 161 number of witnesses; and where the testimony of the one witness is not characterized by such inherent improbability as to destroy it, the supreme court will not interfere with the determination of the jury, and of the court in passing upon the motion to adopt or reject findings, based upon the credibility of the witness. Divorce ? Alimony ? Elements Entering into Determination of Amount. 4. In awarding alimony in a final decree of divorce the amount which the wife should receive is not measured by the value of any certain portion of the husbands estate, but is to be determined by the equities of the case, having due regard for the financial condition and necessities of the parties. Same ? Alimony ? Award Held not Made in Abuse of Discretion. 5. Where plaintiff husband in a divorce suit had some property and had regular employment at $80 per month, and for some time prior to trial defendant wife had been compelled to support herself and at the time of the trial she was without employment or property, an award to her of $25 per month for twenty months held not an abuse of discretion.
 "Wandel v. Wandel" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free){kind=link}