[DOWNLOAD] "Refer v. Refer" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Refer v. Refer
- Author : Supreme Court of Montana
- Release Date : January 31, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Divorce ? Modification of Decree ? When Father Properly Required to Contribute to College Education of Son ? Duty of Father ? Appeal and Error ? Absence of Bill of Exceptions ? Certificate of Judge That Testimony in Record Substantially Correct Sufficient ? Waiver. Divorce ? Absence of Provision in Decree for Alimony or Maintenance ? Modification Requiring Father to Contribute to College Education of Son Proper. 1. Held, that where the mother of two minor sons was granted a divorce, the decree awarding her their custody but making no provision for alimony or their maintenance, the court, on the wifes application for its modification to the extent of requiring the father to contribute $35 a month for the purpose of paying the expense of one of the boys incident to a college education, properly ordered such modification, as against the fathers contention that the statute relating to the education of minors of divorced parents does not contemplate a college education. Same ? Mother Unable to Care for Children ? Duty of Father. 2. In a divorce case where the mother is awarded the custody of minor children but cannot alone carry the burden of their education and maintenance, the burden must, at least in part, be borne by the father. - Page 122 Same ? Appeal and Error ? Dismissal of Appeal ? Absence of Bill of Exceptions ? Stenographer not Present at Hearing ? Certificate of Judge and Clerk That Testimony Substantially Correct Sufficient ? Waiver. 3. Under section 9747, Revised Codes, failure to move for dismissal of an appeal on the ground that, because of the absence of the court stenographer at a hearing, there was no stenographic report of the evidence and no bill of exceptions settled, waived the irregularity where the trial court and clerk certified that the record contained the oral testimony in substance.